State Consumer Disputes Redressal Commission
Bhaskar Dasgupta vs M/S Acer Indian Pvt. Ltd And Anr. on 22 September, 2011
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 S.C. CASE NO. FA/325/2010 DATE OF FILING: 17/06/2010 DATE OF FINAL ORDER: 22/09/2011 APPELLANT Bhaskar Dasgupta, Son of Shri Sankar Chandra Dasgupta, Residing at 257, Malikpara, Shreya Apartment, 2nd Floor, Dum Dum Park, Police Station Lake Town, Kolkata 700 055. RESPONDENTs 1. M/S Acer Indian Pvt. Ltd, A Company, duly incorporated Under the provisions of the Companies Act, 1956, Having its registered office at 1st Floor, George Telegraph Complex (East) 80 ft Road, Indira Nagar, Bangalore 560075. 2. M/S P C LAPTOP BAZAR, Situated at 1, Ganesh Chandra Avenue, Kolkata 700 013. BEFORE : HONBLE JUSTICE MR. PRABIR KUMAR SAMANTA, PRESIDENT MEMBER : MRS. S. MAJUMDER MEMBER : MR. S. COARI FOR THE APPELLANT ` : Mr. D. K. Mukherjee & Mr. Ratnadeep Roy, Advocates. FOR THE RESPONDENTs : 1. Mr. S. C. Dutta & Mr. N. R. Mukherjee, Advocates 2. Sk. Abu Sakar, Advocate : O R D E R :
HONBLE JUSTICE MR. PRABIR KUMAR SAMANTA, PRESIDENT This appeal is by the complainant against the order of dismissal of his complaint. The complainant had purchased the Linux version Laptop Model No. 2424 NWXCI. The laptop has not been provided with the e-recovery back-up system. It has been alleged in the complaint that as per Acer users guide, the said laptop must have been fitted with the software Acer Empowering Technology which is missing in his laptop although the same was promised by the O.P. We have gone through the Acer Users Guide as produced by the complainant appellant. The said users guide gives the details of basic clear tips for using a Acer computer. In the said users guide, it describes how Acer Empowering Technology makes it easy for the user to access frequently used functions and manage new Acer Note Book which features the handy utilities mentioned therein.
Upon careful reading of the said Users guide we do not find anything whatsoever to establish that the Linux version Laptop Model No. 2424 NWXCI is to be necessarily fitted with the specific software for Acer Empowering Technology.
Therefore on the basis of the said users guide it can not be held that there has been deficiency in service by not providing the said technology in the Laptop purchased by the complainant. Next, it has been alleged in the complaint that it was promised by the O.P to provide such technology in the Laptop purchased by the complainant. The complainant has miserably failed to prove when and how such promise was made by the O.P. On the other hand, invoice produced by the complainant does not show that there was any deal by and between the complainant and the O.P that such Acer Empowering Technology would be provided in the Laptop purchased by the complainant. The complainant has also not been able to prove that all Acer Linux version Model 2424 NWXCI Laptops are fitted with such Acer Empowering Technology meaning thereby that such model of Acer Linux version Laptop comes with the fitting of such technology.
We therefore do not find any merit whatsoever in this appeal to interfere with the impugned judgment and order of the Forum below. The appeal is thus dismissed.
(S. Majumder) (S. Coari) (Justice P.K. Samanta) MEMBER(L) MEMBER PRESIDENT