DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 329/06
Sh. Kasturi Lal
S/o Shri Fakir Chand
R/o E-24, East Uttam Nagar,
Uttam Nagar, New Delhi -Complainant
Vs
1. Chander Prakash Sharma
Managing Director of Capstech Network (P) Ltd,
Situated at
25, Ground Floor, I Block,
Lajpat Nagar,
New Delhi – 110024
2. H.C.L. Infosystems Ltd.
Frontline Division
E-4, 5 & 6, Sector- XI
Noida – 201301
3. Shri Lalit Sachdeva
S/o Sh. M.L. Sachdeva
R/o D-1, East Uttam nagar,
Near Police Post East Uttam Nagar
New Delhi – 110059
4. M/s Toshiba India Pvt. Ltd.
6th Floor, Gopal Dass Bhawan-I,
28, Barakhamba Road,
Connaught Place, New Delhi - 01 -Opposite Parties
Date of Institution: 13.06.2006 Date of Order : 05.09.2016
Coram:
N.K. Goel, President
Naina Bakshi, Member
S.S. Fonia, Member
O R D E R
The complaint has arisen out of purchase of Laptop Toshiba Setlite A-80 P-4301 manufactured by OP-4 from OP-1 for Rs. 79,500/- on 5.7.2005. In Para 4 of the complaint, complainant states as under:
“That the said Laptop has been purchased for storing the Data and maintaining the accounts of all sales purchases of the Golds, Silvers and Diamonds. Mr. Manish Dhawan (son of the complainant) is operating the said laptop as he has learnt computer courses. At present the complainant is paying Rs. 4,000/- extra to Mr. Manish Dhawan for operating the said laptop, earlier Mr. Manish Dhawan was getting Rs. 6,000/- p.m. salary, but after the purchase of the said Laptop, the complainant is pay Rs. 10,000/- per month to Mr. Manish Dhawan.”
Complaint is with regard to non-functioning of laptop despite getting it serviced till 26.04.16. It is stated that there was some manufacturing defect in the laptop.
In the written statement OP-2, the distributor and service provider under the limited warranty policy of OP No.1 manufacturer, has inter-alia pleaded that the laptop in question had been repaired till 26.04.2006; that on 10.05.2006 problem in the same was found due to dust but the Complainant did not collect the laptop.
OP No.4 has inter-alia pleaded that the laptop in question had been purchased by the Complainant for commercial purpose and the same was operated by one of his paid employees and, hence, the Complainant is not a consumer.
Complainant has filed his own affidavit in evidence. On the other hand, affidavits of Sh. S. S. Sinha, Administrative Officer and Sh. Yogesh Arora, Manager have been filed on behalf of the OP-2 & OP No.4 respectively.
Admittedly, the laptop in question was purchased for commercial purpose i.e. maintaining accounts of all sales purchases of the Golds, Silvers and Diamonds. It was operated by one paid employee (son of the complainant). Complainant has relied upon order of National Consumer Dispute Redressal Commission in the case of C.P. Moosa V/s M/s Chowgle Industries Ltd. Appeal No.719 of 1994, decided on 31.05.2011. In the order of National Consumer Dispute Redressal Commission it is inter-alia held that “ Even where the system was purchased for commercial purpose the purchaser became customer for maintenance of system during warranty period.”
In our considered opinion, the judgment is not applicable to the facts of the case in hand. Laptop in question had been serviced and repaired by OP No.2 till 26.04.2006. On 10.05.2006, the same was again sent to OP No.2 for repairs. Dust problem was found in the laptop. On being informed Complainant refused to collect it by alleging that the laptop had some manufacturing defect. We are not inclined to believe that after working for more than 9 months, some manufacturing defects had arisen in the laptop. Therefore, we do not find any deficiency of service on the part of OPs and dismiss the complaint with no orders as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(S.S. FONIA) (NAINA BAKSHI) (N. K. GOEL) MEMBER MEMBER PRESIDENT
Announced on 05.09.2016
Case No. 329/06
05.09.2016
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(S.S. FONIA) (NAINA BAKSHI) (N. K. GOEL) MEMBER MEMBER PRESIDENT
