ORDER NO. 6 DT. 15.9.10

HON'BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT 

        Appellant is present through Mr. N.K.Das along with Mr. Pathik Bandhu Banerjee, Ld. Advocates.  Respondent No. 1 through Mr. C.B.Gupta, Ld. Advocate and the Respondent No. 2 through Mr. P.Banerjee, Ld. Advocate, are present.  Both the Appeal Nos. FA/205/2010 and FA/302/2010 are taken up together for hearing as both the Appeals arose out of the same judgement and order.  Heard both sides at length.  Judgement is passed as under:-

          Both the Appeals filed by the complainant and the OP No. 1 against the self-same judgement dt. 16.12.2009 passed by North 24 Parganas District Consumer Forum in Complaint Case No. 73(S)/2009 are taken up for disposal together and are disposed of by a common judgement.

          The complainant purchased one laptop of IBM make, which was marketed by Lenovo India Pvt. Ltd. as per arrangements made between IBM and Lenovo India Pvt. Ltd., from the OP No. 1 on 3.5.07.  Although the warranty as given by Lenovo India Pvt. Ltd. was for the period from 22.5.06 to 21.5.07, but it is not in dispute that subsequently such warranty period was rectified and accepted as the period from 2.5.07 to 3.5.08.

          The said laptop developed certain complications and ultimately the complainant lodged a written complaint on 13.5.08 alleging such complications that had arisen in the said laptop making it unusable by the complainant.  The Ops having failed to take appropriate steps in this regard, the aforesaid complaint case was filed. 

Upon contested hearing the same has been disposed of by directing the OP No. 1 to refund the consideration money of Rs. 44,711.54 at which the said laptop was purchased together with interest @ 9% p.a. from the date of filing of the complaint case till its realization or in the alternative, to replace or to repair the same within the period mentioned therein.  The OP No. 1 has been further directed to pay a sum of Rs. 10,000/- towards compensation and a further sum of Rs. 2,000/- towards litigation cost.

          On behalf of the complainant it has been urged with much emphasis that since the laptop was found to be defective soon after it was purchased and did not come in any use since thereafter, the Ops ought to have been specifically directed either to refund the consideration money as above or to replace the same by a new laptop without allowing the OP No. 1 to repair the same. 

In course of hearing of this Appeal it has transpired that the complaint was lodged by the complainant on 13.5.08, which fact has not been disputed by the complainant himself.  It is, therefore, evident that such complaint was made for the first time in writing with the OP No. 1 after the expiry of the warranty period as provided by Lenovo India Pvt. Ltd.   It has not been disputed that as the laptop in question developed serious problem making it unusable by the complainant, there was deficiency in service by the OP No. 1 to the complainant.  Although it has been argued on behalf of the OP No. 1 that since such complaint was lodged after the expiry of the period of the warranty, so the OP No. 1 is under no obligation to provide any service to the complainant and/or to remove the defects and/or to correct the problems in the laptop, but we are not convinced with such contention for the reasons below.  It has been alleged in the complaint that the defects in the said laptop developed within the warranty period, which has not been denied by OP No. 1.  It has also not been disputed by Lenovo India Pvt. Ltd. that the laptop as sold to the complainant was found to be defective.  That being the position, the OP No. 1 having sold such defective laptop to the complainant was under legal obligation to render proper service to the complainant by removing all such defects from the said laptop so as to make it useable by the complainant.

          In such views of the matter we do not find any merit in both the Appeals and the same are accordingly dismissed.  The order as passed by the Forum below is hereby affirmed.  Both the Appeals are accordingly disposed of.