Ghaziabad: The district consumer commission has asked Infiniti Retail Ltd (Croma) to refund Rs 43,625 to a Raj Nagar resident for selling her a refurbished laptop as a new product. It ordered the company to pay Rs 5,000 as compensation for legal expenses within 30 days from the date of the order.Commission president Anil Kumar Pundir and members Shailja Sachan and RP Singh on July 31 disposed of the Sept 2024 complaint filed by Priyanka Tyagi and ordered that in case the company fails to comply, it must pay 6% simple annual interest on the price of the laptop from the date of the order until the date of payment.Tyagi had filed a complaint against the staff of Croma, headquartered in Andheri East, Mumbai, and its offices and outlets in Gaur Central Mall, Raj Nagar, and Aditya City Centre, Indirapuram. She said she had bought an HP 15 laptop from the Gaur Central Mall store on May 7, 2024, for Rs 43,625. She alleged that when she wanted to inspect the laptop, the retailer told her the packaging could not be opened in the store but she could take the laptop home. If she found any fault, she could return it and a refund would be initiated immediately.When she opened the box at home, she said she was shocked to find the laptop had numerous scratches and that the screen and keyboard buttons were covered in dust. She claimed that the laptop was quite old and the store had sold it as a new one.Responding to the commission’s notices, Croma said Tyagi’s claims were false. “When the laptop was delivered to the complainant, it was thoroughly inspected and accepted only after she was satisfied. There were no defects on the laptop at the time of delivery. The complainant did not file any complaint upon receiving the laptop,” the company claimed.It also pointed out that the complainant had not made the manufacturer, HP Ltd, a party, while the warranty on the product can only be provided by the product manufacturer and not by the retailers.The commission, however, observed the evidence presented by Tyagi showed that the laptop had scratches and dust, indicating that it was not new. “Selling the laptop as new and charging the price of a new laptop constitutes ‘deficiency in service’ and ‘unfair trade practice’ under Consumer Protection Act, 2019,” it ruled.
