Chandigarh

DF-I

CC/163/2022

Aditya Sharma - Complainant(s)

Versus

ASUS - Opp.Party(s)

In Person

01 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/163/2022
Date of Institution	:	07/02/2022
Date of Decision	:	01/09/2023

 

Aditya Sharma, S/o Sh.Ajay Sharma, R/o H.No.766, Sector 7, Panchkula (Near Govt. School Panchkula) Haryana-134109.

… Complainant

V E R S U S

1. ASUS Corporate Office 401 & 402, Supreme Chambers, 17/18 Shah Industrial Estate Veera Desai Road Andheri (West), Mumbai, Mumbai City, Maharashtra-400053 through authorized signatory.
2. F1 Info Solutions & Services Pvt. Ltd. SCO 817-818 First Floor, Sector 22A, Chandigarh-160022 through authorized signatory.
3. TVS-Electronics/Asus service centre SCO 28, 2^nd Floor, Sector 20-D, Chandigarh-160020 through authorized signatory.
4. MOBITECH INDIA 5683, Nicholson Road Nickolson Road Opposite Ashok Dairy Sadar Bazar, Amabala Cantt, Haryana-133001 through authorized signatory.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	Sh.P.K.Kukreja, Counsel for OP No.1.
	:	OP No.2 to 4 ex-parte.

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had purchased a laptop of ASUS company in the year 2018. The complainant has also got extended its warranty for full system up to 13.08.2021 by spending extra money. Thereafter, in the month of April 2021 it stopped switching on. Therefore, the complainant made a complaint regarding that to the authorized service centre of OP No.1, within the extended warranty period. When Mr. Shivam visited to check the laptop of the complainant, he said that the problem is in the motherboard of the laptop and said that the motherboard might fail again within a few days or one or two months. The employee of the OP No.2 said that the mother board will not be covered under warranty if it is liquid damaged. It must be noted that at the first instance of opening the laptop, he did not show or point out any liquid damage, but then on asking about liquid damage, he could not show any possible liquid entry marks even on asking and there was no explanation how the liquid could enter and reached up to motherboard. He did diagnostic tests which did not show any fault according to him. Nobody attended the complaint of the complainant till 1.7.2021. Due to deficiency in service, poor service by the OPs, the complainant has faced disappointment and undue harassment at the hand of 3 service centres. Hence, is the present consumer complaint.

2.      OP No.1 contested the consumer complaint, filed its written reply and stated that the complainant has alleged problems with the product in question without presenting any expert opinion/documentary proof in the form of evidence to prove that the subject laptop suffers from the alleged problems, or failed to establish any manufacturing defect in the said product. It is also stated that the complainant has not impleaded the aforementioned product seller as a necessary party in the present case. It is further stated that the laptop was examined by expert technicians, who discovered that the mother board had liquid spillage traces. As a result, OP No.1 informed the complainant via email dated 11.05.2021 that the expert engineer discovered traces of liquid spillage in the laptop, hence the repair would be on  paid basis in future for the said mother board if the problem arose, because it is not covered under the provisions of the limited warranty. Pleading that there is no deficiency in service or unfair trade practice on its part, OP No.1 prayed for dismissal of the consumer complaint.

2.     Notice of the complaint was sent to OP No.2 to 4 seeking its version of the case. However, nobody appeared on behalf of OP No.2 to 4 despite following proper procedure, therefore they were proceeded ex-parte on 21.10.2022.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     On carefully examining Annexure OP-1/2, OP-1/2A, OP-1/3 which are the photographs of the mother board, it is crystal clear that liquid spillage has damaged the mother board. Now we reproduce here below, clause 6(a) of the warranty terms.

         “Damage caused to this product(s) by you or any non-authorized third party and the damage caused accordingly will not be covered by this warranty, including but not limited to improper installation of HDD, SSD and/or RAM.” 

7.       In view of the above clause 6(a) of terms and conditions of the warranty the laptop of the complainant is not covered under warranty due to the liquid damage. We are of the considered view that the product as bought & used by the complainant is not covered under warranty. The complainant has not been able to prove his case. Accordingly, the consumer complaint, being meritless, is hereby dismissed, leaving the parties to bear their own costs.

7.     Pending miscellaneous application, if any, also stands disposed of.
8.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
01/09/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member