DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 780/2016
D.No._______________________ Dated: __________________
IN THE MATTER OF:
CHANDARAN K. S/o SH. T.V. KUNHIRAMAN,
R/o C-1/80, SECTOR-17, ROHINI,
DELHI-110085. … COMPLAINANT
Versus
M/s VIVA CITY COMPUTERS & SC. EQ.,
(THROUGH ITS PROP./MANAGER),
SHOP No. B-1/23, SECTOR-17,
ROHINI, DELHI-110085. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 03.08.2016
Date of decision:02.04.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OP under section 12 of the consumer protection act, 1986 therebyalleging that the complainant purchased a Laptop of HP model no. AY089TU for a sum of Rs.25,500/- against retail invoice no. VCSE/284/16-17 dated 16.07.2016 from OP and due to constraint of money, on the request of the complainant, OP arranged the consumer durable loan for the above amount through HDFC Bank
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vide loan no.87899905. On 15.07.2016, the complainant had approached OP but since the stock was not available and OP informed the complainant that the desired item will be delivered next day and the complainant purchased the said Laptop for his daughter who is studying in Hyderabad University and she was going to Hyderabad on 16.07.2016 by the evening train and the complainant approached number of times to OP for the delivery of the said Laptop. On 16.07.2016, again the complainant approached OP but OP could not get any proper response regarding the status of delivery of the said Laptop and when OP did not deliver the said Laptop on time the complainant finally asked OP to cancel the said order as the same cannot be handover to his daughter. On 16.07.2016, OP called and informed the complainant that the item has reached the shop and accordingly the complainant went and collected the said Laptop and OP understood that the complainant is in hurry and first they signed all papers and handed over the item and when the complainant reached home it was found that the model of the said Laptop was not the same which was ordered by the complainant and OP handed over another model no. 15AC649TU of Rs.22,518/- with a bill of Rs.25,000/-.When the complainant approached OP on the very same day, OP informed that there is a slight variation in model, it does not make any difference. Thereafter, the complainant told OP that OP was giving
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him a bill of Rs.25,500/- and the price of the model is of Rs.22,518/- and there was a difference of Rs.3,000/- between the bill amount and price and it has been intimated by the complainant to OP but they did not give any proper and positive response. The complainant further alleged that the complainant totally deserted as he has purchased the Laptop for his daughter who is studying in final year of M.Sc. (Bio-Chemist) and she was in urgent need of a Laptop and insisted for a Laptop and the complainant decided to buy it through a financer and she was very happy to receive it but due to their cheating and fraud, the complainant was not in a position to take another loan and fulfil her requirement immediately. The complainant further alleged that the complainant apprised about the same and the complainant made request regarding to sort out the issue but OP did not accede to the requests of the complainant on the contrary OP came at his house with the police on 19.07.2016 in his absence and threatened his family that the complainant has committed theft of the Laptop from the shop of OP and threatened that the complainant and his family will face dire consequences. The complainant further alleged that the complainant stated that OP visited the house of the complainant when the complainant’s wife was suffering from severe pain and was in rest after an operation which made her a very pathetic condition
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and the complainant accordingly alleged that there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to the OP to pay compensation of Rs.1,00,000/- for causing him mental agony and harassment and has also sought litigation expenses of Rs.15,000/-.
3. OP has been contesting the case and has filed written statement wherein OP submitted that the case is not maintainable and there is no deficiency in service on the part of OP and is liable to be dismissed. OP submitted that the price of the Laptop was Rs.22,518/- and rest of the amount is of accessories purchased by the complainant. OP further submitted that on 15.07.2016 the complainant came to the shop of OP and expressed his desire to purchase HP model Laptop bearing no. AY089TU of Rs.25,500/- and in this regard the complainant applied for a bank loan. OP informed the complainant the said model is not available in the stock and the complainant either to wait for some more days or can choose another model of same configurations and thereupon the complainant informed OP that he had already applied a loan of Rs.25,500/- and OP informed that the balance amount will be adjusted in purchase of some more articles or the complainant can have the option to take his balance cash back the complainant agreed to purchase accessories of the balance amount and on
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16.07.2016, the complainant purchased another model of HP Laptop bearing no. 15AC649TU and no. of both the Laptops were written on the bill issued by OP and the complainant purchased accessories worth Rs.3,218/- which was included in the bill of Rs.25,500/- and the details of accessories is not mentioned in the bill as the complainant demanded separate delivery note for them. OP accordingly denied the merits of the case and any deficiency in service.
4. The complainant filed rejoinderand denied the contentions of OP.
5. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice dated 16.07.2016 for purchase of HP AY089TU Laptop for a total value of Rs.25,500/- issued by OP, copy of description of the Laptop which was affixed on the box of the Laptop which shows that the price of the said Laptop is Rs.22,518.50 and model no. HP Notebook 15AC649TU and copy of cheque bearing no.089669 dated 17.08.2016of Rs.2,326/- in favour of HDFC Bank Ltd.
6. On the other hand, Ms. Poonam, Porp. ofOP filed her affidavit in evidence which is as per line of defence taken by OP in the written statement. OP also filed written arguments.
7. This forum has considered the case of the complainant and OP in the lightof evidence of both the parties and documents placed on
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record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant.The defence taken by OP seems to be a concocted story. It is not explained by OP that as to why the complainant will purchased 2 Laptops of different model on same date i.e. 16.07.2016. It is also not explained by OP that the price of model 15AC649TU is Rs.22,518.50 and not Rs.25,500/-. Moreover, even assuming that the complainant has agreed for purchasing this model of Laptop then OP should have clarified this thing as well as details of accessories worth Rs.3,218/- purchased by the complainant. OP has not placed on record any other bill to prove the defence. It seems that the complainant has bene supplied another model of Laptop having lesser value as discussed above. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
8. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.8,000/- as compensation towards mental agony and harassment caused to the complainant.
ii) To pay to the complainant an amount of Rs.2,000/- being the cost of litigation.
9. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which
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OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 2ndday of April, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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