Andhra Pradesh

Visakhapatnam-II

CC/276/2013

Doddi Kameswara Rao - Complainant(s)

Versus

The Manager - Opp.Party(s)

C.H.R. Vasantha Kumar

03 Mar 2015

ORDER

 Reg. of the Complaint:17-12-2013

                                                                                                                                 Date of Order:03-03-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

TUESDAY, THE 3^RD DAY OF MARCH, 2015

CONSUMER CASE NO.276/2013

 

BETWEEN:

SRI DODDI KAMESWARA RAO S/O VEERA SWAMY,

HINDU, AGED 54  YEARS, R/AT D.NO.16-213/2,

SUBHASHNAGAR, OLD GOPALAPATNAM,

VISAKHAPATNAM-530 027.

…COMPLAINANT

AND:

THE MANAGER, SILICON COMPUTER SHOPPE,

D.NO.29-2-52, SINGH HOTEL JUNCTION,

NEAR DISTRICT COURTS, DABAGARDENS,

VISAKHAPATNAM.

…OPPOSITE PARTY

This case coming on 13-02-2015 for final hearing before us in the presence of SRI C.R.VASANTHA KUMAR, Advocate for the Complainant, and the OP, appearing in person, and having stood over till this date for consideration, this Forum made the following.

ORDER

 (As per SMT.K.SAROJA, Honourable Lady Member on behalf of the Bench)

1.       The case of the complainant in brief is that the complainant purchased a Toshiba Pool Model, TP Dual Case, 2 GB/320 GBDVDW/15”.6 wide screen/DOS from the OP by paying Rs.21,000/- on 21-02-2013. The complainant found a small bright spot in the screen when the laptop was tested and the complainant had immediately brought it to the notice of the OP. The OP requested the complainant to get the laptop on the next day by stating that the technician would come on the next day, he would rectify the same as there is some problem in the software and that the OP would replace the laptop with another new laptop in case it is not rectified, and thus kept the guaranty card in blank by stating that it will be filled once the laptop is prefect in all,  and the complainant brought the laptop on 22-02-2013, the OP requested the complainant to approach the service centre for its check up. Then the complainant approached the service centre and the service centre person admitted that there is a problem in the screen that they would replace only screen and not the entire laptop. Then the complainant approached the OP informing the same, the OP requested the complainant to wait for some time by stating that the OP would inform the company about the complaint and requested the complainant to wait for some more time. In spite of many requests made by the complainant, the OP did not replace the defective laptop and then he issued a legal notice dated 15-04-2013. Hence, this complaint.

a)      To direct the Opposite Party to replace the Laptop with new defect free Laptop with guarantee or

b)      To refund of the amount of Rs.21,000/-(Rupees twenty one thousand only) along with its interest @ 24% p.a, from 21-02-2013 till the date of payment.

c)       To direct the Opposite Party to pay compensation of Rs.25,000/- (Rupees twenty five thousand only) for causing mental agony and financial hardship.

d)      To pay for cost of this complaint at Rs.5,000/- (Rupees Five Thousand only) and such other relief (s) as the Honourable Forum deems fit & proper in the circumstances of the  Complaint.

2.       The OP strongly resisted the claim of the complaint by contending as can be seen from its counter, the OP stated that as they are only the dealer of the said laptop, they could not replace the complete laptop. Even today they are ready to replace the screen, they have intimated about the bright spot in the laptop to the manufacturer but the manufacturer rejected to replace the laptop. So, they have no liability to pay any reliefs asked by the complainant.

3.       At the time of enquiry, the complainant filed Affidavit. Exhibits A1 to A4 are marked for the complainant. No documents were marked for the OP. Heard the Complainant.

          Exhibit A1 is the Original Receipt dated 21-02-2013, Exhibit A2 is the Original Invoice dated 21-02-2013, Exhibit A3 is the Office copy of the Lawyer’s Notice dated 15-04-2013 and Exhibit A4 is the photocopy of Blank limited Warrantee.

4.       The fact shown from these documents is that the complainant purchased Toshiba Laptop from the OP on 21-02-2013 by paying Rs.21,000/- and the receipt for Rs.21,000/- is acknowledged by the OP.

5.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OPs? if so, Whether the Complainant is entitled to the   reliefs asked for?

6.       After careful perusal of the case record, this forum finds that the complainant purchased the said laptop on 21-02-2013 and on the very same day, the complainant found a small bright spot in the screen, then he immediately approached the OP, the OP kept the laptop for one day for its rectification, but it is not rectified. The authorized service centre technician also agreed that there is a problem in the laptop but they are not willing to replace it with a new one. They agreed to replace the screen only which shows that there is a defect in the laptop. Though the complainant intimated about the problem in the Laptop on the 1^st day i.e., 21-02-2013, it shows that the dealer sold the defective laptop to the complainant by knowing the pre-existing defect,  it amounts to deficiency in service coupled with unfair trade practice on the part of the OP. The complainant’s wish is defeated by the acts of the OP from the date of its purchase. Hence, the complainant is entitled to cost of the laptop with interest some compensation and costs too.

7.       In the result, the Complaint is allowed, directing the Opposite Party; to pay an amount of Rs.21,000/- (Rupees Twenty one Thousand only) with 9% p.a., from 21-02-2013 till the date of actual realization, a compensation of Rs.5,000/- (Rupees Five Thousand only) and costs of Rs.2,000/- (Rupees Two Thousand only) to the complainant.   Time for compliance, one month from the date of this order.

The complainant is directed to handover the laptop after compliance of this order by the Opposite Party.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 3^rd day of March, 2015.

 

     Sd/-                                                   Sd/-                                         Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER  

 

APPENDIX OF EVIDENCE

 

Exhibits Marked for the Complainant:

Exhibits	Date	Description	Remarks
A-1	21-02-2013	Exhibit A1 is the Receipt Exhibit	Original
A-2	21-02-2013	Invoice	Original
A-3	15-04-2013	Lawyer’s Notice	Office Copy
A-4		Blank limited Warrantee.	Photocopy

 

Exhibits Marked for the OPs:-  -nil-

    Sd/-                                                    Sd/-                                        Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER