1) Sri Arun De,
61, Pratapaditya Road,
P.S. Tollygunge, Kolkata-26. _____ Complainant
__Versus__
1) APPLE INDIA PRIVATE LIMITED,
19th Floor, Concorde Tower – C,
UB City No.24, Vittal Maurya Road,
Bangalore – 560 001.
2) MACINTEL SOLUTIONS,
190-C, Rashbehari Avenue, P.S. Gariahat,
Kolkata-29, West Bengal.
3) NICE FOTO MAKERS (P) LTD.,
42-A, Shakespeare Sarani, Kolkata-71,
P.S. Shakespeare Sarani. _____ Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 26 Dated 15-01-2014.
The case of the complainant in short is that complainant has purchased a laptop / computer , Apple Mac
book White Md Mc 207 zp/a W8943 up 78 pw at the price of Rs.55,500/- inclusive of all taxes from o.p. no.3 on 16.1.10. In March 2010 the said computer started malfunctioning and for that reason complainant communicated with o.p. no.3. As per direction of o.p. no.3 complainant handed over the computer to o.p. no.2, the service center of the manufacturer company on 13.7.10. On 15.7.10 complainant had received an e-mail from o.p. no.2 with a quotation for repairing the said machine asking a sum of Rs.50,599/- plus taxes. O.p. no.2 informed the complainant that this was a liquid damage problem. Complainant has stated that he had never opened the computer at any point of time. So, no question of syrup or liquid damage inside the computer would not be possible. No repair has been done by o.p. no.2 though the company undertook to render free service for one year in relation to the said computer as per terms and conditions of warranty period. Therefore, complainant has filed the instant case with prayer to replace the said defective machine or to repair the said machine or to refund the purchase money along with compensation.
The matter was fixed ex parte as against o.p. nos.1 and 2. Only o.p. no.2 appeared before the Forum and filed the w/v.
In their w/v o.p. no.2 denied all material allegations interalia stated that o.p. no.2 had received the said computer from the complainant with specific remark as “SYSEM NOT GETTING ON”. With their w/v o.p. no.2 has annexed their diagnose report. In that report they have stated “Found liquid inside the system all over the Logic Board, Top-case, Optical Drive and MagSafe port, all the LSI are red, it’s count as physical damage. To repair this unit above parts are needs to replace”. O.p. no.2 has also stated the LSI will be red when any computer will affect by liquid. In this instant case the company had not manufactured the computer with manufacturing defect. the defect has been caused due to negligent use of computer by the complainant. As per terms of the warranty the complainant cannot get any free replacement of any damage part of the computer which damage was caused by liquid contact. Therefore, the complainant will not be entitled to get free replacement or free repair or refund of purchase money. So o.p. no.2 prays for dismissal of the case with cost.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant had purchased the said computer in question on 16.1.10 and complainant has handed over the machine to o.p. no.2 on 13.7.10. O.p. no.2 has alleged that the computer is not working due to liquid damage. They have prayed for expert opinion before the Forum, but on the date of hearing none moves the petition and hence the petition was rejected. As o.p. nos.1 and 3 did not appear before the Forum it is presumed that they had nothing to say against the allegation made by the complainant. Till date the said computer is lying with o.p. no.2. O.p.no.2 had demanded the repairing cost more or less same as the purchase price. O.p. no.2 had never tried to solve the problem of the computer. It is unjustified that a service centre has demanded Rs.50,599/- plus taxes where the cost of the computer was Rs.53,365/-. This very quotation amounts to unfair trade practice on the part of o.ps. O.p. no.3 only advised the complainant to contact with o.p. no.2. Though o.p. no.2 is the dealer, wherefrom the complainant purchased the said computer, they have not tried to solve the problem of the complainant. So it is deficiency in service on the part of all o.ps. for the negligent manner. Therefore, the complainant has substantiated his case and accordingly the complainant is entitled to get relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. no.2 and allowed ex parte with cost against o.p. nos.1 and 3. That o.p. no.2 is hereby directed to return the defect free computer to the complainant within 45 days from the date of communication of this order. All o.ps. are directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only to the complainant for his harassment and mental agony along litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
