Punjab

Ludhiana

CC/22/54

Kavita Tyagi - Complainant(s)

Versus

Asus India Pvt.Ltd - Opp.Party(s)

complaint in person

07 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 54 dated 08.02.2022.                                                Date of decision: 07.10.2022.

 

Kavita Tyagi, House No.245, Block C, Raj Guru Nagar, Ludhiana-141012. email:kavityagi@gmail.com. Phone No.95019-34392.

                                                                                      ..…Complainant 

•  

1. Asus India Private Limited, 402, Supreme Chambers, 17/18, Shah Industrial Estate, Veera Desai Road, Andheri (West) Mumbai. Pin-400053.
2. Cell Tech India, Shop No.6A, Surya Shopping Arcade, Bhaiwala Chowk, Ludhiana. Pin-141001.                                                                                                                                                      …..Opposite parties 

Complaint under Section 35 of the Consumer Protection Act,      2019.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Ms. Kavita Tyagi in person with Sh. Ramesh                                              Kumar Tyagi, Advocate.

For OP1                         :         Sh. P.K. Kukreja, Advocate.

For OP2                         :         Sh. Subhash Sharma, Manager.

 

ORDER

PER JASWINDER SINGH, MEMBER

 

1.                In brief, the case of the complainant is that on 20.07.2020, she purchased one ASUS laptop model E203 MAH from OP2 for a sum of Rs.19,000/-. On 23.09.2020, the laptop crashed and was not getting charged following which it was given to service centre of OP1 vide job No.CTV100408. The laptop was received on 24.09.2020 but it crashed once again and had to be submitted with service centre of the OPs on 25.09.2020. Thereafter, the mother board of the laptop was repaired and it was given back to the complainant on 08.10.2020. On 23.10.2020, the laptop again crashed. Thus, it repeatedly gave problems. On 23.10.2020, the complainant called the customer care of the OPs and asked them to replace the product. On 26.10.2020, the complainant received an email from the OP company asking the complainant to send the unit to the service centre where the product would be checked and all issues would be resolved. On the same day, the complainant replied back that she was not satisfied with the laptop as within three months, it had given the problems and it was difficult for her to continue to work with the same as it frequently went out of order. She further wrote back that the product had already been submitted to the service centre twice. The complainant received a reply email mentioning that as per the record, it was repaired only once. However, the complainant sent two receipts dated 23.09.2020 and 08.10.2020 whereby the laptop was submitted for repair with the service centre twice. The complainant requested to replace the product. On 27.10.2020, on the request of the OPs, the complainant again submitted the laptop for repair with service centre of the OPs and after receiving the product, it again crashed on 14.01.2021. Feeling frustrated, the complainant wrote back to the OPs on 15.01.2021 again requesting for replacement. The complainant also sent reminders dated 18.01.2021 and 19.01.2021. The complainant again spoke to the OPs but they denied that the laptop was repaired thrice. The subsequent request made to the OPs fell into deaf ears. On 27.01.2021, the laptop crashed for the fourth time. A complaint was lodged with the OPs but to no avail nor any reply was received. As a result, the complainant had to buy another laptop of Rs.56,688.98. The laptop was again sent to the service centre on 31.05.2021. As no response was received from the OPs, the complainant filed complaint with National Consumer Helpline on 02.06.2021. On 03.06.2021, a call was received from the executive of the OPs that they would repair the unit. The complainant requested for replacement/refund but the OPs refused saying that it was not their policy. This amounts to deficiency of service on the part of the OPs rather they acted as illogically and unlawfully. The OPs have miserably failed to provide proper the service to the complainant. In the end, it has been requested that the OPs be directed to refund the amount of Rs.19,600/- to the complainant along with compensation of Rs.5,00,000/- for harassment.

2.                Upon notice, Sh. P.K. Kukreja, Advocate appeared on behalf of OP1 and Sh. Subhash Sharma, Manager appeared on behalf of OP2 on 10.06.2022 but they failed to file any written statement within the period prescribed by law with the result their defence was struck of vide order dated 11.08.2022.

3.                The complainant submitted her affidavit along with documents Annexure-1 to Annexure-16.

4.                We have heard the counsel for the complainant, the counsel for OP1 as well as representative of OP2.

5.                In this case, the grievance of the complainant is that she purchased ASUS laptop from OP2 for a sum of Rs.19,000/-. On 20.07.2020, it was not working properly and went out of order time and again. It has been claimed that the laptop crashed on 23.09.2020 and it was got repaired from the service centre of the OPs on 24.09.2020. Thereafter, it crashed again and on 25.09.2020, the mother board of the laptop was repaired. On 23.10.2020, the laptop again crashed. The laptop was again submitted for repair with the service centre of OP1 on 29.10.2020 but the product again crashed on 14.01.2021. Thereafter, the complainant wrote emails to the OPs to either replace the laptop or refund the cost but till date the grievance of the complainant has not been redressed. Since no written statement has been filed, the averments made in the complaint which are supported by an affidavit have not been controverted. Even the defence of the OPs has been struck of for non-filing of the written statement. From the evidence of the documents placed on record by the complainant, it stands established that after the complainant purchased the laptop on 20.07.2020, it never functioned smoothly and every now and then, there was a problem or a snag in the laptop with the result that the complainant had to approach the service centre of the OPs time and again. Therefore, it is evident that the product was not functioning properly and was not serving the purpose for which it was purchased and in the given circumstances, it would be just and proper if the OPs are made to refund the cost of product amounting to Rs.19,000/- to the complainant along with a composite cost and compensation of Rs.6,000/-.

6.                As a result of above discussion, the complaint is partly allowed with a direction to the OPs to refund Rs.19,000/- the price of the laptop to the complainant within 30 days from the date of receipt of copy of order. The OPs shall further pay a composite costs and compensation of Rs.6,000/- (Rupees Six Thousand only) to the complainant. The liability of the OPs shall be joint and several. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:07.10.2022.

Gobind Ram.

Kavita Tyagi Vs ASUS                                         CC/22/54

Present:       Complainant Ms. Kavita Tyagi with Sh. Ramesh Kumar Tyagi,                             Advocate.

                   Sh. P.K Kukreja, Advocate for OP1.

                   Sh. Subhash Sharma, Manager of OP2 in person.

 

                   Sh. Ramesh Kumar Tyagi, Advocate filed power of attorney on behalf of the complainant.

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed with a direction to the OPs to refund Rs.19,000/- the price of the laptop to the complainant within 30 days from the date of receipt of copy of order. The OPs shall further pay a composite costs and compensation of Rs.6,000/- (Rupees Six Thousand only) to the complainant. The liability of the OPs shall be joint and several. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:07.10.2022.

Gobind Ram.