Delhi

North

CC/4/2022

NISHANT SINGH - Complainant(s)

Versus

ASUS - Opp.Party(s)

12 Jun 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.: 04/2022

 

Nishant Singh

S/o Paras Nath Singh,

H No.106, Gali-21,

A-1 Block, Bengali Colony,

Sant Nagar, Burari,

Delhi-110084.                                                      …                      Complainant

 

                                                          Vs

 

Asus India Pvt. Ltd.

402, 4^th Floor, Supreme Chambers

17/18, Shah Industrial Estate,

Veera Desai Road, Andheri West,

Mumbai-400058.

Maharashtra, India                                             …            Opposite Party No.1

 

Appario Retail Private Ltd.

Khasra No. 37, 40, 41,42,

Bijnaur Peppersand Road,

Near CRPF Headquarters

Lucknow-226002,

Uttar Pradesh.                                                     …            Opposite Party No.2

 

Amazon.in India

Head Office: B-2/62,

Tower #3, 5^th Floor, Block B

Industrial Area, Sector-62,

Noida-201309, Uttar Pradesh.                            …            Opposite Party No.3

 

ORDER

12/06/2023

 

Ashwani Kumar Mehta, Member:

 

1.        The brief details of facts of the complaint in hand, are that the Complainant is a B.Tech 3^rd year (Computer Sci. Engineering) student from Delhi Technological University and has bought a ASUS Laptop (Model-ASUS TUF Gaming FX505DT) for Rs.53,990/- on 06.08.2020 from OP-2 through OP-3, after taking loan from SBI. After 3 months, Complainant started facing defects/ problems in laptop i.e. display flickering and white-blue lines over display. On lodging complaint, technician visited to rectify the faults but could not diagnose problem and just updated laptop software-BIOS for the sake of completing service formalities on 21.12.2020 to close the case. [A copy of ASUS email and Product Service Form is annexed as Annexure-2 and Annexure-3 with the complaint]. Thereafter, same problem persisted for the entire warranty period of one year. It is alleged that Technician has visited only three times after 45 complaints and wasted 4.5 months as waiting period in one year as per the complaints. In this way, vicious cycle of delayed and deficient service continued during entire warranty period of one year. [Copies of all major complaints within one year is annexed to ANNEXURE-4]. It has also been alleged that due to defective ASUS laptop (with defects of Display Flickering, Camera problem and laptop incompatibility), the Complainant could not qualify the campus recruitment online tests of various big IT MNCs for which he has done 15 years of hard work and  taken a loan amount of Rs.11,00,000/-. The complainant has further stated that his entire career is ruined by this ASUS laptop and will have a long term negative impact on his life and career. [Copies of opportunity cost and Rejection reasons are annexed as ANNEXURE-5 and SBI Bank Loan-Principal value sanctioned till the date of filing the complaint, is annexed as ANNEXURE-6]. Technician visited 3^rd time on 04.08.2021 and collected laptop for screen replacement and returned laptop on 16.08.2021 after expiry of one year laptop warranty but again, on 17.10.2021 laptop display screen blackened and completely became dead. On making complaint to customer care, he was advised by Customer Care to visit Service Centre and after examining the laptop, ASUS Service Centre diagnosed defects of laptop display, EDP Cable & dead motherboard  and clarified that Laptop display defect was due to the defective motherboard and intimated service charge of Rs.10,000/- and Rs.34,676/- consecutively. It has been contended that this has confirmed that the ASUS laptop was totally defective and while removing the defects on complaints, deficient service was provided within the warranty period of one year. [true copies of ASUS service form and motherboard quotation are annexed to ANNEXURE-7 and ANNEXURE-8 respectively] Copy of last complaint to ASUS Customer Care is also annexed as Annexure-9. It has further been alleged by the complainant that the OP-1 (Asus India Pvt. Ltd.) is liable for:-

1. Breach of warranty, misleading the purported warranty and false representation of the services of a particular standard or quality.
2. Providing delayed and deficient service.
3. Selling defective Laptop.

 

2.       It is also alleged that the OPs have violated the Consumer Right to be informed about standard of services, quality and potency of a product. In these circumstances, the complainant has filed present complaint under Section 35 of the Consumer Protection Act, 2019, praying for compensation for the negligent acts of the OPs, causing long-term loss and injury due to loss of opportunity cost of more than Rs.19,00,000/-, disability to pay loan of Rs.11,00,000/-,  economic loss of laptop amount Rs.53,990/- and also for causing mental agony, emotional distress, harassment .

 

3.       Accordingly, notices were issued to OPs to defend the complaint before the commission but the notices issued to OP-1 & OP-2 were received unserved with the remarks from Postal Department as “refused”. Since the OP-1 and OP-2 have refused to accept the notice issued by this Commission, the service to OP-1 and OP-2 is deemed to have been completed. However, notice to the OP-3 was delivered as per the tracking report filed by the complainant. Since the OPs chose not to appear despite service and have been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which is sufficient to prove that there is certainly  deficiency of service on the part of the OP-1 in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. However, no deficiency in service has been observed on the part of OP-2 & 3 in this complaint.

 

4.       Therefore, we feel appropriate to direct the OP-1 (M/s Asus India Pvt. Ltd.) to Rs.53,990/- (Rupees fifty Thousand Nine Hundred Ninety only) the date of this order, with interest at the rate of 9% p.a. from  06-01-2022 (date of filing of complaint) till the -date of the payment. Besides, the OP-1 is also directed to pay Rs.50,000/-(Rupees Fifty Thousand only) as compensation to the Complainant, who is a student, for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP-1 to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

 

5.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

                                                ASHWANI KUMAR MEHTA                              DIVYA JYOTI JAIPURIAR                                                                                                       Member                                                                          President                                                        DCDRC-1 (North)                                                      DCDRC-1 (North)