by save net"> Investment Ltd” ( A company incorporated in Hongkong with limited liability) having its nodal office at 201-205, Tower B, Millenium Plaza, Sec-27, Sushant Lok, Gurgaon-122002 Haryana, as per agreement entered into by and between Sigma Infotech Pvt. Ltd and Top Victory Investment Ltd on 19.07.12.

The O.P further stated that the O.P’s engineers visited the side on different occasions and found the monitor in working conditions and the problem was due to wrong handling by the complainant.

The O.P also stated that the O.P is engaged in warranty support service under agreement with the Top Victory Investment Ltd, 201-205, Tower B, Millenium Plaza, Sector-27, Sushant Lok, Gurgaon-122002, Haryana, and bound by the terms of the agreement. Specifically to mention the original equipment Manufacturer will not provide any equipment/ parts to us if the nature of defect is contrary to their business policy. Consequently the O.P shall not be able to provide corresponding service.

The O.P further stated that the condition of warranty is very much conveyed at the time of sale and available at the official portal of Top Victory Investment Ltd, Brand owner of AOC.

The O.P also stated that the O.P never brought the Monitor and kept in their custody as alleged by the complainant.

The O.P further stated that the warranty is not applicable for the following conditions, as amongst others namely for the defects or damages arising due to customer induced damages, physical damages, breakages, MURA effect caused due to unexpected external pressure, Liquid Spill, air bubbles Black Spot, black patches, liquid crystal damages, stains, dust inside the panel, defects arising due to high humid and moisture, conditions or liquid/ solvent/ any chemical leakage into the Panel while cleaning by the customer, modification or alteration of any nature made in the Electrical Circuitry/ or Physical Construction of the product.

Dictated and corrected                                                                              Contd. …. 3/-

 

 

C. C. Case No.-15/2015

                                                                        - :: 3 :: -

 

The O.P also stated that the complainant has filed the case wrongly against the O.P since the O.P had no concern in the selling process. The selling process was OEM (Top Victory Investment Ltd) to distributor/ Seller Hitech Solution to Customer. Hence the O.P prayed for dismissal of the case.

Point for Decision:-

Whether the complainants are entitled to get any relief as prayed for?

 

Decision with Reasons 

The complainant has not filed any affidavit-in-chief but prayed for treating the complaint as affidavit-in-chief. Hence the complainant filed the copies of documents.

 

The O.P has filed the affidavit-in-chief and argument to support the contention.

 

Admittedly, the complainant purchased the Monitor from one from a computer shop namely Hitech Solutions for Rs. 3,650/-.

The complainant alleged from the very beginning of the using of the said Monitor there was black spot on the screen of the same and the complainant could not use the Monitor and hence the complainant filed a docket on 28.09.13 at AOC Company, Jobsheet vide No. 130925012620.

It appears from AOC’s document that O.P. on 226.06.14 inspected the Monitor and the Service Engineer observed that there is black spot on the screen. In the place of action taken it is written that ‘pending for AOC approval’. So, it appears that the problem has not been cured.

The O.P in his affidavit-in-chief has stated that warranty is not applicable for some conditions- the defects or damages arising due to customer induced damages.

The complainant has filed this case against the Service Centre and when the Monitor is found defective. The O.P is liable to replace the said monitor. Accordingly, the complainant is entitled to get relief as prayed for.

Hence

 It is ordered,

                           that the complaint be and the same is allowed on contest against the O.P.

Dictated and corrected                                                                              Contd. …. 4/-

 

C. C. Case No.-15/2015

                                                                        - :: 4 :: -

 

O.P is directed to refund the amount i.e. the cost of the price of the Monitor or replace the Monitor by giving a new Monitor to the complainant within one month from the date of this order. If the cost of the price of the Monitor is refunded to the complainant, the complainant will return the defective monitor at the same time.  

 

The O.P is further directed to pay Rs. 500/- as compensation and litigation cost of Rs. 500/- to the complainant within one month from  the date of this order, failing which the O.Ps shall have to pay sum of Rs. 50/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the O.Ps in this State Consumer Welfare Fund.

 

            Let copies of the order be supplied to the parties free of cost when applied for.

 

Member                                        Member                                                President

 

 

 

Dictated & Corrected by me.