JUDGMENT DELIVERED BY

SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT:

The complainant has filed this Complaint against the Opposite Parties (herein after referred in short as OP) u/s 12 (2) of Consumer Protection Act, 1986 alleging deficiency in service against OP.

2.    The brief fact of the case is that the Complainant is a student pursuing BE (Civil), Complainant wanted to purchase a laptop for the education purpose since OP is a dealer of computers and laptops after noting requirements of complainant, OP issued a quotation of Rs.40,000/- during second week of August 2016, which was submitted to the Syndicate Bank, Branch Dharwad. The bank released the amount directly to the OP (Seller).

3.      On 19.08.2016 OP supplied a laptop while opening a box in the presence of OP it was found that the pack was already opened in this regard complainant enquired Ops technician, technician could not respond properly inevitably the complainant took delivery she checked the laptop with the Expert it found that the specifications were lacking.  

4.      On next day complainant went to OP-shop and informed the same after long discussion, OP agreed to supply another laptop and again a new quotation was issued for model HP 15AYO 79tx. OP was assured that he will deliver the same within two days but OP failed to do so and delivered the same after 2 weeks and finally on 30.08.2016 the laptop was replaced.

5.      After taking the delivery of the replaced laptop Complainant simply examined the container/box of the laptop, she found that the model was different as OP’”s second quotation was  for HP15-AYOO4Tx when the Complainant asked about to this OP, OP told that he cannot guarantee the model of second quotation but he guaranteed the specification and Complainant came back she found that in the box of the laptop the price is mentioned in handwriting as Rs.47,500/- were as it ought to have been printed only as per legal metrology as per the package commodities rules, the Complainant forced to suspect on Op he enquire about the true price of laptop supplied by Op in the open market, during the enquiry she took the quotation from HP stores the HP store issued a quotation as its cost was Rs.38,481/- on 01.09.2016, Hence Complainant realized that Op is cheating her and practicing unfair trade. Hence, Complainant issued a legal notice, but the OP did not responded, no finding other way complainant filed this Complaint due to deficiency/unfair trade Complainant has suffered a loss and harassment and claimed excess amount collected by the OP for a laptop and Rs.15,000/- towards mental agony and harassment and cost of the proceeding.                                         

5.  Forum registered the Complaint and notice was issued as such OP remained absent apart from notice is served to him.

6.     In the background of the above said pleading, the Complainant filed his affidavit and filed documents produced as EX C-1 to C-11 and laptop box along with Xerox copy of the containers (box) price which has been written in pen. The documents of the Complainant are as follows:

1. EX C-1 Quotation dated: 30.08.2016,

2. EX C-2 Tax Invoice dated: 19.08.2016,

3. EX C-3 Quotation dated: 20.08.2016,

4. EX C-4 Tax Invoice dated: 19.08.2016,

5. EX C-5 Quotation from HP Word,

6. EX C-6 Letter from Bank,

7. EX C-7, Legal Notice,

8. EX C-8 – Postal Acknowledgement,

9. EX C-9 – Box of a Laptop,

10. EX C10 & C11 – Label of the container showing price of a laptop & HP Notebook.

On perusal of above documents and arguments heard on the Complainant side, we conceived that the dispute is regarding the unfair trade practice and deficiency in service. This being the pleadings, the points arises before us for adjudication is as follows:

Our Answer to the above Points are:-

Point No.1 – Affirmative,

Point No.2 – Partly Affirmative,

Point No.2 - As per the final order.

07.    On consideration of pleading, evidence, documents and arguments of the Complainant, we answer the above points as under:

                                              R E A S O N S

 08.  POINT NO.1 & 2: Since both the points are inter-link and identical, we proceed with both the points together.

09.         The complainant filed this complaint for the attitude of OP towards the customer and OP practiced unfair trade. The Complainant submits that she approached the OP to  buy   a Laptop for her studies and for that OP issued a Quotation of Rs.40,000/- since Complainant got an assistance of a Bank for the finance in Syndicate Bank, Branch Dharwad. The said bank released the amount to OP directly on 19.08.2016. OP supplied a laptop, while check the laptop was checked in the presence of OP it found that the pack was already open. Therefore, the Complainant questioned to the OP about this OP did not answered properly hence she took the laptop and later with the help of the Expert, the laptop was checked   thoroughly it found that the specification was  lacking and the laptop was not the assured one.

10.    Therefore, on next day Complainant approached OP, after lot of struggle and conversation OP accept to replace a new one, after two days and another quotation was issued as per the willing of the Complainant. After two weeks, the Op replaced a new laptop in order to avail similar problem of suffering at Ops hands the Complainant examined the container/box of the laptop wherein she found that the model was different from Ops second quotation. When the Complainant questioned about this OP flatly took back his legs telling that he cannot guarantee the model, but guaranteed the specification. No other way, Complainant took the delivery. After that she saw the box of the laptop, the price had been  handwritten as Rs.47,500/-, the Complainant forced to suspect the same and enquired about the price of the laptop in another shop HP Word, the HP word issued a quotation for the same model and specification quoting the price Rs.38,481/-. As such, Complainant submits that OP practiced unfair trade and deficiency in service.

11.    In the context our reference has been invited to C5, the Quotation of HP word i.e. Navaneet Retailer and the box of laptop produced before the Forum as C-9 before the Forum. The Laptop specification HP 15 – A.Y.-O.O. 4 T.X. 13PRO/4 GB HDD/1000 GBH DD 15.6 LED HD/DVD-RW-CND 6296 KM 7 and when we observe the specification of Quotation C5 is one and the same. But OP received the amount with Complainant Rs.40,000/-, but the quotation given by the HP Word is Rs.38,481/-. As such, it is clear that OP had practiced unfair trade.

12.    OP was not present before the Forum to define his case. Taking into consideration the entirety of facts and circumstances of the Complainant, while going through the documents on record C5 and C9 before the Forum, it clears that OP had delivered a laptop with the same specification of HP word quotation. As per the Invoice produced by the Complainant as C2 it speaks that he had received Rs.40,000/- from the Complainant. The argument address by the Complainant advocate before the Forum, it is clear that OP is not practicing his trade properly as per the Rules and Regulation and even he had not rendered his service properly towards his customers. Hence the complainant is entitle for partial relief. Since, we answer Point No.1 is in affirmative, Point No.2 is in partly affirmative.

          13.  POINT No.2:  For the reasons and discussion made above and finding on the above points, we proceed to pass following:  

//ORDER//

1. This Complaint is partly allowed with costs.
2. The OP is directed to pay Rs.1,590/- (Rupees one thousand five hundred and ninety only) towards an excess amount received from the Complainant for laptop.
3. Further, OP is directed to pay a compensation of Rs.5,000/- (Rupees five thousand only) towards mental agony and Rs.1,000/- (Rupees one thousand only) towards cost of litigation.
4. Further, OP is directed to comply this Order within thirty days from the date of this Order, failing which OP has to pay interest at 12% p.a. on excess amount of Rs.1,590/- from the date of filing this Complaint, till realization.
5. Send the copies of this Order to the parties free of cost.