DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 28th day of September 2018
Presen : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 08/05/2018
: Sri.V.P.Ananatha Narayanan, Member
CC/63/2018
Shameel Sajjad . P A
S/o. Abdul Samed .P A
Sithara, Pezhuntharakkal,
Kongad (PO), Palakkad (Dist)
678631. - Complainant
Vs
The Proprietor / Director
Laptop Zone, FI33, 3rd Building,
Spencer Plaza Mount Road,
Chennai -2 - Opposite party
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complaint
Complainant has purchased a Used Dell D630 Laptop for an amount of Rs. 10,999/- (Rupees ten thousand nine hundred and ninety nine only) from M/s.Laptop Zone on 26.04.2018. The order was placed through the website operated by the seller www.HiLaptop.com which is the online selling platform of the vender. When the laptop arrived he discovered that the laptop was not fit for his use. Complainant submitted that the laptop doesn’t work completely without a charger plugged in. The screen freezes when the charger is removed. The laptop was continuously showing blue screen for crash dump. Then the complainant approached an expert to get an expert opinion about the laptop. He opined that the laptop is not working condition and it has only a scrap value. Complainant further submitted that due to the act of opposite party he had a lot financial loss and mental agony. Hence the complaint. Complainant prays for an order directing opposite party to pay an amount of Rs. 99,000/- (Rupees ninety nine thousand only) for compensation for mental agony and cost of lap top.
Complaint was admitted and notice was issued to opposite party. Despite of receipt of notice opposite party did not appear before the forum. Hence name called and set ex-parte.
Complainant filed chief affidavit. Exts.A1 & A2 marked. Evidence was closed and matter was heard.
Issues for consideration:-
1. Whether there is any deficiency in service on the part of opposite party ?
2. If so, what is the relief and cost?
Issues 1 &2
We have perused the affidavits and documents filed before the Forum. Ext.A1 proves that complainant has purchased the alleged Lap top on 26.04.2018. Opposite parties remained absent and there is no contra evidence to disprove the case of the complainant. Hence the complaint is allowed. We direct 1st and 2nd opposite parties jointly and severally to pay an amount of Rs. 10,999/- (Rupees ten thousand nine hundred and ninety nine only) to the complainant being the price of the Lap top along with Rs.5,000/- (Rupees five thousand only) for the mental agony suffered by the complainant and also to pay Rs.2,000/- (Rupees two thousand only) as cost of proceedings.
On payment of the ordered amount, opposite party is at liberty to take back the Lap top from the complainant.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 28th day of September 2018.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Photocopy of invoice No.2090 dated,26.04.2018 issued by opposite
party to complainant’s father
Ext.A2 - Photocopy of email message sent by the complainant to the opposite
party dated.1.05.2018
Exhibits marked on the side of Opposite parties
Nil
Witness examined on the side of complainant
Ni
Witness examined on the side of opposite parties
Nil
Cost
Rs.2,000/-
