Lenova

Advocate.soniaAdvocate.sonia Senior Member
edited October 2012 in Computer
Mr. Amrit Nakhat

No.27, AVM Campus,

Shed No.11, Shanti Nagar,

Saibaba Colony, Coimbatore – 641038. --- Complainant

Vs.

1. The MANAGER,

Aeon Think World,

8/6, Race Course,

Siema Building,

Coimbatore – 641018.

2. The Head of Office,

Redemtion Cell,

LENOVA Desk,

Channel Technologies,

A-74, Sector 2, Noida – 201 301.

3. The Head of Office,

LENOVA India,

Regd. Office, 2nd Floor,

Fair Wind No. 10/3,

Embassy Golf Links Business Park,

Challaghatta Village,

Vathur Hobli, Bangalore – 560 071. --- Opposite Parties.

ORDER

Complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the opposite parties to pay Rs.6,500/- being the cost of the advertised assured devices the system and to pay Rs. 25,000/- towards compensation for mental agony restlessness, lack of concentration in his studies and reputation loss and to pay Rs.700/- towards cost of the proceedings.


The averments in the complaint are as follows:

1. The Complainant is a student of Business Administration Decree Course and studying in a college at Coimbatore. The complainant as a part of his course study, to learn the subjects through E-Learning method, searching Study materials in advanced level and do the Projects in his subjects effectively, he was searching an apt Computer system with all advanced level devices as accessories and components in latest technology. On 16.10.07, he saw an advertisement which was advertised by the opposite parties in the English Daily “ The Hindu “ news paper. In the same advertisement, the opposite parties had mentioned that first opposite party is the Lenovo Exclusive store and ‘Get Philips Cordless Headphones on select Lenovo 3000 Pcs’ and assured Gift: Philips PC speakers or 10 Movie DVDS from the dealers showrooms.

2. towards handling and processing charges.of cordless headphone + Assured gift drawn in favour of "raft6 of:-he required address The complainant approached 1st opposite party and purchased the computer Model LENOVO LAPTOP 7757 56Q and Serial No. MA – 8dfy 7 with accessories as mentioned in the Invoice No. 573/2007-08, dated 26.11.07 and transcend 1GB Pen drive, Head Phone, Mouse T-Link Optical USB Laptop Power Cord and Carry Case.

The complainant has paid Rs.59,250/- by Cheque and 1st opposite party gave receipt dated 24.11.07 in Receipt No. 603 to the same amount. Before purchasing the above items, the complainant asked the 1st opposite party to provide said the assured gift and demanded to provide him immediately. At the time of purchase of the computer, 1st opposite party promised the complainant that all the above mentioned items will be sent directly to the complaint’s address from 2nd opposite party immediately after receiving the copy of the said invoice by the company.

3. The complainant had also believed the words of 1st opposite party. On 29.11.07, he has received a E-Mail intimation to his E-Mail address from 2nd opposite party. In the E-Mail, 2nd opposite party informed that the complainant has won –cordless Headphone plus PC Speakers and the complainant’s Gift Redemption Code is 1954FA335486B and further 2nd opposite party demanded the complainant that he has to send 3 documents in order to avail the offer and in case the customer wishes to avail the above gifts, he will have to send the demand draft 1. Rs.250/- for assured gift of mini speakers or A pack of 10 movie DVDS, 2. Rs.500/- for the cordless Headphone and 3. Rs.750/- for availing both the assured gift of cordless Headphone plus assured gift.

4. The complainant before he purchased the opposite parties’ Lenovo 3000Y, Type: 775756Q Computer system, he had conformed all the details and assured and advance devices as accessories of the computer system which was advertised as it is in the paper advertisement. The 1st opposite partyt assured and promised that all the mentioned devices will be sent directly from the 2nd opposite party at free of cost and without any further charges. Based on the promise, through the same configurations of the computer system with all advanced devices as mentioned in the advertisement are available in much less price from the well known reputed and branded computer manufacturing companies, the complainant has spent huge money only due to the opposite parties assured promise and the said paper advertisement.

5. The complainant obtained the quotations and negotiated the prices with some other branded computer retail dealers, only due to promises of the opposite parties and advertisement, he purchased the said system. Due to unfair trade practices of the opposite parties, and deficiency in service to the complainant, he has incurred irreparable loss, mental agony, restlessness and lack of concentration in his study.

The complainant has sent a legal notice to all the opposite parties and called upon them to pay Rs.25,000/- as compensation for complainant’s mental agony, and to pay Rs.6,500/- as the cost for advertised devices to the system. The reply of the 1st opposite party was irrelevant and irresponsible manner to the complainant’s complaint. Though the 2nd opposite party received the said lawyer’s notice on 2.2.08 there is no reply from the 2nd opposite party so far and 3rd opposite party has not replied to the complainant’s lawyers notice. Hence this complaint.

The averments in the 1st Opposite party are as follows:

towards handling and processing charges.of cordless headphone + Assured gift drawn in favour of "raft6 of:-he required address 6. The complaint is an abuse of process of Court. It has been filed only with a view to spite and harass this opposite party and to make unjust enrichment if possible. The complainant has suppressed very many materials facts. This opposite party is only a dealer and not manufacturer of LENOVA laptop. However the complainant cannot have any grievance against this opposite party.

The Advertisement referred in para-3 of the complaint is not given by this opposite party. The averment that complainant approached this opposite party to purchase the computer referred in para-4 of the complaint is not disputed. As per clause-10 of the terms and conditions, this opposite party is not responsible for non-receipt of any offer made with LENOVA laptop computer purchase the complainant had to transact directly with the 2nd and 3rd opposite parties, regarding “offer” by giving E-mail ID. The opposite party is not aware of or put on notice to the transaction perpetrated between complainant and the 2nd and 3rd opposite parties.

7. The averment that the complainant asked this opposite party to provide assured gift immediately is unsustainable. In fact in the paper publication it could be seen two “astric” marks put near Get** and Assured Gift** and hence those **marks denote the terms and conditions to be applied. The assure are to be given only by the 2nd and 3rd opposite parties. It is false to state that this opposite party promised the complainant that all items will be sent directly to the complainant’s address, from 2nd opposite party. This opposite party is nothing to do with gifts “offered” by manufacturer. Further this opposite party is not having control over the distribution of gifts. This opposite party clearly explained that he is nothing to do with the e gifts offered by the manufacture and no claim can be made against them. In spite of the said reply the complainant has chosen to file complaint against this opposite party on baseless allegations. The claim of compensation made in para – 16 of the complaint is baseless and he does not deserve to claim any compensation.

The averments in the 3rd Opposite party are as follows:

8. The complainant is known to the 3rd opposite party through this complaint only as such they are not aware of his educational requirements. The complainant purchased a Laptop MTM: 7757-56Q, S/N: MA8DFY7 from the 1st opposite party on 26.11.07 for a sum of Rs.59,250/- by way of cheque. When the complainant purchased the said Laptop there was a LENOVO promotion going on and one of the prizes offered was a Phillips Cordless Headphone. When the complainant enrolled in the promotion he was clearly explained by the 1st opposite party about the following terms and conditions in the Redemption process.



REDEMPTION PROCESS

Step 1:


a. The Customers are required to fill in the online application form at the URL WWW.;empvp.com.in.biglootoffer along with the slogan on the Lenovo Site.

b. towards handling and processing charges.of cordless headphone + Assured gift drawn in favour of "raft6 of:-he required address On submitting the form a “Redemption Code” will be generated. The customers are responsible for taking the printout of the Redemption code. The Redemption code is important and should be mentioned in all communication with the redemption cell.

c. The last date of online entry for customer is December 15th, 2007. No entries will be entertained after the said dates. Incomplete entries are not valid.


Step 2:

The Customer is required to send the following 3 documents in order to avail he offer to the required address (Given below).

a) The printout of Redemption No. Confirmation.

b) Copy of the Purchase Invoice. (The Customer to mention the redemption

code on the invoice copy).

c) The Bar coded product serial number (original) pasted on the cardboard

packaging of the Customer ‘s Lenovo Product.

d) In case the Customer wishes to avail the assured gifts, they will have to send

the Demand Draft6 of:-

1. Rs.250/- for assured gift of Mini Speakers or A Pack of 10 Movice DVDS.

2. Rs.500/- for the Cordless Heaphone.

3. towards handling and processing charges.of cordless headphone + Assured gift drawn in favour of "raft6 of:-he required address Rs.750/- for availing both the assured gift of cordless headphone + Assured gift drawn in favour of “channel Technologies” payable at “Delhi” towards handling and processing charges.

e.ee) Last date of receiving the documents along with Demand Draft is Dece 31st,

2007. Only entries complete in all respects will be considered.

Step 3:

a) The verification and scrutiny of the documents will be done by Channel

Technologies.

b) The Serial no. on the online form has to match with the Serial no. on sticker.

c) The Dealer’s name as mentioned on online registration Form to match with the

Dealer’s Name on the Copy of the invoice.

9. The reseller only asked him which prize that he wanted and the complainant informed that he has chosen the Phillips cordless headphone as the prize. The complainant was described about the terms and condition by the reseller when he was helped to register for the promotion. The complainant has also mentioned that he did not see any terms and condition in the advertisement, which is not true. But it is clearly stated in the advertisement that “for more details please log on to WWW.lenovo.com/in/biglootoffer” where details of the terms and conditions can be viewed. The complainant is also given redemption code number 1954FA 335486B which was sent to him via email by the Lenovo help desk whereby again the clause and terms and condition will be stated inside this email.

10. The complainant has been explained that according to the terms and condition he has to pay this amount towards handling and processing charges for the assured prize to be sent to him. The complainant’s statement that this was not explained to him by the reseller and that nothing was written in the advertisement about this matter is not true. The complainant has never been told that the gift will be sent to him free of charge and that he will not have to pay anything for it.

11. The complainant has filed Proof Affidavit along with Ex.A1 to

A12 was marked and Ex.B1 to B7 was marked on the side of the opposite parties.

The authorities filed on the side of the complainant

1. IV (2007) CPJ 178

2. III (2007) CPJ 315

3. I (2007) CPJ 4 (SC)

4. 2008(1) Bom.C.R.294(CDRC, Aurangabad)

The authorities filed on the side of the opposite parties

1. AIR 1964 Supreme Court 892 (V 51 C 115)

2. 2006 (3) CTC 583

The point for consideration is


Whether the opposite parties have committed deficiency in service? If so to what relief the complainant is entitled to?

ISSUE 1

12. The complainant who is a student of Business Administration Decree course saw an advertisement in the English Daily “The Hindu” news paper dated 16.11.2007 and purchased a computer from the 1st opposite party on 24.11.2007.

13. “The Hindu paper publication is marked as Ex.A1, A2, B3 and B6. As per Ex.A3 to A5 the complainant has purchased a computer Model LENOVO LAPTOP7757 56Q and Serial No. MA-8dfy7 with accessories as mentioned in the Invoice No. 573/2007-08 dated 26.11.07. Copy of warrant in marked as Ex.A6 , Ex.A7 which is the E-Mail communication dated 29.11.07 from the 2nd opposite party.

The contention of the complainant is that before purchase the opposite had assured and promised that all the mentioned devices will be sent directly from the 2nd opposite party at free of cost and without any further charges. But this was not denied by the 2nd opposite party who is already set-exparte. Though the 2nd opposite party has received the legal notice dated 29.01.08 which is marked as Ex.A9 but there was no reply from him. The reply of the 1st opposite party is marked as Ex.A10. The above said contention of the complainant was not specifically denied of the 1st opposite party. The 3rd opposite party has not replied to the legal notice.

14. The relevant part of “THE HINDU” is given below:-

GET TO THE LOOT FAST

GET TO THE MUSIC FASTER

Buy a Lenovo Y410 before 13th November and win shopping vouchers worth Rs.1,00,000. What’s more, the Lenovo Y410 with Audio DJ lets you play music even when shut. So you get to the music faster. Hurry 20 vouchers to be won

Get “Philips Cordless Headphones Assured Gift: Philips PC Speakers

On select Lenovo 3000 Pcs or 10 Movie DVDs

15. No additional amount and payments is mentioned for getting these gifts. But contract to this advertisement and E-Mail EX.A7 dated 29.11.07 was sent to the complainant informing him about the amount to be paid for each gifts. The relevant portion of Ex.A7 is given below:

Lenovo

NEW WORLD NEW THINKING

Dear Mr.Amritnakhat,

You have won – Cordless Headphone + PC Speakers

Your Gift Redemption code is 1954FA335486B
……

d. In case the customer wishes to avail the above gifts, they will

have to sent the Dem.

1. Rs.250 for assured gift of Mini Speakers or A pack of 10 Movie

DVDs

2. Rs.500 for the cordless Headphone

3. Rs.750 for availing both the assured gift of Cordless

Headphone + Assured gift drawn in favour of “Channel

Technologies” payable at “Delhi” towards handling and e. Last

date of receiving the documents along with Demand Draft is

Dec. 31st, 2007.0 respects will be considered.


16. From this it is seen that the advertisement virtually misleading the public. In order to promote their sale the opposite parties have released such an advertisement. If the advertisement contains the payment particulars the complainant might not have purchased the product.

17. “Unfair trade practice” has been defined in section 2(r) of the Act to means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices enumerated therein.

18. Hence we are of view that the advertisement in question misled common man including the complainant and induced him to purchase the product. This behaviour shows not only the opposite parties unfair trade practice in their business but also proved their service deficiency to the complainant. Therefore the complainant is entitled to get necessary relief from this Forum.

19. In the result, we direct the opposite parties to pay to the complainant a sum of Rs.6500/- being the cost of the advertised assured devices to the system, to pay a sum of Rs.20,000 as compensation for mental agony to the complainant and cost of Rs.700 within two months from the date of this order

Comments

  • edited February 2010
    I bought one Lenova G 450 lap top (S/N CBQ0598835) on 11 Dec 2009. Now i noticed that the INSERT button on the machine is not functioning. i tried to make a complaint with customer cell on toll free number 1800113324, but all the time either there was no response from the assistant or connection is disconnected after 11 mts during conversation. please register this complaint and do the need full to rectify the problem. thank you.
  • ratherrather Junior Member
    edited September 2010
    Anyone knows what is the future of CRGE?


    please also comment about it.
  • ratherrather Junior Member
    edited September 2010
    Anyone knows what is the future of CRGE?


    please also comment about it.
  • edited October 2012
    complaint is laptop battery back up only 40 minutes only
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