KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 884/2015

JUDGMENT DATED: 10.11.2022

(Against the Order in C.C. 412/14 of CDRF, Kottayam)

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN              : PRESIDENT

SRI.T.S.P. MOOSATH                                                                    : JUDICIAL MEMBER

SRI. RADHAKRISHNAN K.R.                                                    : MEMBER

APPELLANT:

M/s .Dell India Pvt. Ltd., Diyasree Greens, Ground Floor, 12/1, 12/2A, 13/1A, Challangatta Village, Varthur, Hobli,  Bangalore South- 560071.

                           (By Adv. Nithya S.)

                                                Vs.

RESPONDENTS:

1. P.V.Joseph, Puthuparambil House, Kayoor P.O, Anthinadu, Kottayam-686 651.

(By Adv. K.A. Asharaf )

2. Quilon Radio Service represented by its Manager, 34/32/1838-B, N.H. Byepass, Anjumana, Padivattom, Ernakulam.
3. Quilon Radio Service represented by its Manager, Kottayam- 686001.
4. T.V.S. Service Centre represented by its Manager, Near KSRTC, Kottayam- 686001.

JUDGMENT

SRI. RADHAKRISHNAN K.R. : MEMBER

The appeal has been filed under section 15 of the Consumer Protection Act, 1986, by the first opposite party in CC No. 412/2014 of the District Consumer Disputes Redressal Forum, Kottayam (District  Forum / Commission for short) against the order  dated 30.09.2015.

            2. The District Forum allowed the complaint and directed the opposite parties to refund Rs. 32,000/- with 9% interest from 25-08-2014, till realization of the amount, and on compliance of the order opposite party has the liberty to take back the defective laptop.  Opposite parties are also directed to pay Rs. 5000/- as litigation costs to the complainant.

            3. The complaint pertains to the damage to a laptop purchased from the second opposite party, which was manufactured by the appellant/ first opposite party, for Rs. 32,000/- on 25-08-2014. The Complainant also paid Rs 250/- for installing windows version as per the instruction of the 2^nd opposite party. The laptop was purchased for the benefit of Complainant’s daughter who was a post graduate student. It is alleged that soon after purchase, the laptop started giving troubles. It was not properly functioning from day one onwards.  The camera of the laptop was not working on the date of purchase itself and after some actions taken as per telephonic advice it started functioning. Again after three weeks it ceased to work. The touch bar was not working properly. The Complainant / first respondent   registered a complaint No-901136551 with Dell Service centre.  Despite constant follow up, the respondents failed to rectify the defects of the laptop. According to the complainant the laptop is of inferior quality and the defect occurred due to the manufacturing defect.  Hence the complainant filed this complaint claiming              Rs. 32,250/- with 12% interest and a compensation of Rs. 25,000/- for deficiency in service on the part of the opposite parties. 

4.  Opposite parties 1 to 3 entered appearance and filed version.   Notice was served on