Tamil Nadu

South Chennai

CC/374/2014

M/s.Raafiya - Complainant(s)

Versus

Current Technology Retail (I) Ltd., - Opp.Party(s)

M/s.BFS Legal

06 Aug 2019

ORDER

                                                                  Complaint presented on : 01.09.2014

                                                                    Date of Disposal            : 06.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.374/2014

DATED THIS TUESDAY THE 06^TH DAY OF AUGUST 2019

                                 

1. Ms. Raafiya,

D/o. Mr. Mohammed Razzack,

No.976, Poonamalee High Road,

Chennai – 600 084.  

 

2. Ms. Zahara,

D/o. (Late) Mr. Abdul Kareem Zaveri,

No.159A Block, Shenbagam Gardens,

2^nd Street, I Floor,

Anna Nagar,

Madurai – 625 020.                                                    .. Complainants.                          

 

                                                                                           ..Versus..

 

1. Apple India Private Limited,

Represented by its Authorized Representative,

19^th Floor, Concorde Tower C,

UB City No.24, Vittal Mallya Road,

Bangalore – 560 001.

 

2. Currents Technology Retail (I) Ltd.,

Represented by its Authorized Representative,

Ground Floor, Chaitanya Centre,

No.21/8 & 9, Khader Nawaz Khan Road,

Nungambakkam,

Chennai – 600 006.                                                 ..  Opposite parties.

 

Counsel for the complainants         : M/s. BFS Legal, Mr. K. M. Aasim

                                                           Shehzad & others

1^st opposite party                              : Exparte

For the 2^nd opposite party              : Authorized Representative,

                                                          Mr. S. Sathish

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.78,900/- being the cost of Macbook Air along with interest at the rate of 24% p.a. and to pay a sum of Rs.1,00,000/- towards compensation for mental agony, stress, sufferings, hardships, trauma, monetary loss etc with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainants submits that the 1^st complainant was impressed on seeing the advertisement of the 1^st opposite party and purchased Macbook Air (Lap top manufactured by the 1^st opposite party) from the 2^nd opposite party on 06.09.2013 for a sum of Rs.78,900/-.  After due installation and charging the laptop was disconnected from the electricity connection.  On the next day, when the complainant started using the laptop while charging, she felt electrical shock.  Immediately, a complaint was lodged with the 1^st opposite party’s Customer Care since covered by warranty.  There was no response from the 1^st opposite party for a long time.  Hence, the complainant approached the 2^nd opposite party but refused to look into the issue and redirect the 1^st complainant to deal with the 1^st opposite party directly since, the laptop having manufacturing defect.   Since there is no response from the 1^st opposite party, the 1^st complainant was forced to refrain from using the laptop when it is under charge which caused great mental agony.  One Mr. Pradeep, Executive Engineer of the 1^st opposite party contacted the 1^st complainant and informed that the problem of feeling of electricity in the laptop may be due to the adaptor used for charging and requested to send the photos in email.  The 1^st complainant also sent the photos to Mr. Pradeep on 18.09.2013 for which, there was no response.  Even after repeated reminders though emails dated:10.10.2013, 30.10.2013 and email dated:11.11.2013 ended fruitless at the fag end of November 2013.  The 1^st complainant received a call from the 1^st opposite party that the electric shock issued ought to be ignored as it is not harmful and many people have experienced.  The complainant submits that she purchased the Macbook Air only because of light in weight.  Using heavy adaptor defeat the entire purpose of buying a thin laptop.  The 1^st complainant was unable to go in person with heavy weight of adaptor.  The complainants submit that both the opposite parties had made representations that the Macbook Air is the lightest laptop weighing just 1.35 kgs with a 45W MagSafe 2 Power Adapter which would be safe for any user of the Macbook Air.   The complainant submits that she was unable to use her laptop effectively.   Several users of Macbook Air were experiencing such electric shock and none of them have received any resolution.   The act of the opposite parties 1 & 2 amount to deficiency in service and unfair trade practice which caused great mental agony.    Hence, the complaint is filed.

2.     After receipt of notice, the 1^st opposite party has not appeared before this Forum and hence, the 1^st opposite party was set ex-parte. 

3.      The brief averments in the written version filed by 2^nd opposite party is as follows:

The 2^nd opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.   The 2^nd opposite party states that the complainant is not a consumer.   The 2^nd opposite party states that the 2^nd opposite party is neither the manufacturer of the laptop or its accessories nor authorized to perform after sales service to the laptop in question on behalf of the manufacturer.  The complainant purchased the Macbook Air from the 2^nd opposite party who is the Dealer cum Service Agent of 1^st opposite party by payment of Rs.78,900/-.  The 2^nd opposite party states that immediately after receipt of the complaint due instruction has been obtained from the 1^st opposite party who is the manufacturer appointed the 2^nd opposite party as a service provider.  The 2^nd opposite party has nothing to do with the repair works or replacement or payment of cost price of Rs.78,900/- or refund of the cost price.   The 2^nd opposite party states that the laptop purchased by the complainant suffers a defect inherent in it and it cannot be attributed because the 2^nd opposite party is a retail outlet for selling laptops and not a manufacturer.  The complainant also has no privity of contract between the 2^nd opposite party.   Assuming without admitting that the Laptop purchased by the complainant suffers a defect inherent in it, the same could not be attributed to the Answering 2^nd opposite party since the answering 2^nd opposite party is only a retail outlet selling Laptops as per the requirements of the customers.  Moreover, in the case of the complainant, the answering 2^nd opposite party is only a retail outlet selling Laptops as per the requirements of the customers. Moreover, in the case of the complainant, the answering 2^nd opposite party has not rendered any service to the complainant.   Hence, the complainant has no privity of contract to file the complaint against this answering 2^nd opposite party and it is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the 2^nd opposite party is filed and documents Ex.B1 & Ex.B2 is marked on the side of the 2^nd opposite party.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.78,900/- being the cost of Macbook Air along with interest at the rate of 24% p.a. as prayed for?

 

2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony, hardship, monetary loss, unfair trade practice, deficiency in service etc with cost a prayed for?

 

 

6.      On point:-

The 1^st opposite party after receipt of notice not appeared in this Forum and set ex-parte.  The complainant and the 2^nd opposite party filed their respective proof affidavits, documents and written arguments.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainants pleaded and contended that the 1^st complainant was impressed on seeing the advertisement of the 1^st opposite party and purchased Macbook Air (Lap top manufactured by the 1^st opposite party) from the 2^nd opposite party on 06.09.2013 for a sum of Rs.78,900/- as per Ex.A1, copy of invoice.  Ex.A2 is the copy of Warranty card and User manual.  After due installation and charging the laptop was disconnected from the electricity connection.  On the next day, when the complainant started using the laptop while charging, she felt electrical shock.  Immediately, a complaint was lodged with the 1^st opposite party’s Customer Care since covered by warranty.  There was no response from the 1^st opposite party for a long time.  Hence, the complainant approached the 2^nd opposite party who refused to look into the issue and redirect the 1^st complainant to deal with the 1^st opposite party directly since, the laptop having manufacturing defect.   Since there is no response, much less, proper response from the 1^st opposite party, the 1^st complainant was forced to refrain from using the laptop when it is under charge which caused great mental agony.  One Mr. Pradeep, Executive Engineer of the 1^st opposite party contacted the 1^st complainant and informed that the problem of feeling of electric shock in the laptop may be due to the adaptor used for charging and requested to send the photos in email. 

7.     The 1^st complainant also sent the photos to Mr. Pradeep on 18.09.2013 for which, there was no response.  Even after repeated reminders though emails dated:10.10.2013, 30.10.2013 and Ex.A4, email dated:11.11.2013 ended fruitless at the fag end of November 2013.  The 1^st complainant received a call from the 1^st opposite party that the electric shock issue ought to be ignored as it is not harmful and many people have experienced the same.  The complainant may use an additional adaptor which is the only available option.  The contention of the complainant is that Macbook Air was purchased only because of light in weight.  Using heavy adaptor defeat the entire purpose of buying a thin laptop.  The 1^st complainant was unable to go in person with heavy weight of adaptor.  The brochure of the 1^st opposite party stated that the laptop is an incredibly thin at under 2 cm and light at as little as 1.08 kg.  The laptop weighs almost nothing and runs all day long i.e. Mobility mastered.  Ex.A3 is the Advertisements of Macbook Air.  But in real practice, the electric shock shall not permit to carry the laptop which amounts to manufacturing defect and the unfair trade practice of the opposite parties.  Further the contention of the complainant is that she was unable to use her laptop effectively.   Several users of Macbook Air were experiencing such electric shock and none of them have received any resolution as per Ex.A6.   The complainant is claiming the cost price of the Macbook Air Rs.78,900/- with interest at the rate of 24% p.a. and a compensation of Rs.1,00,000/- for mental agony, stress, sufferings etc with cost.

8.     The contention of the 2^nd opposite party is that the complainant is not a consumer.  But as per Section 2 (i) (d) Consumer means

“Any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose”.  

The 2^nd opposite party is the service provider of the 1^st opposite party who is a manufacturer.  Admittedly, the complainant purchased the Macbook Air from the 2^nd opposite party who is the Dealer cum Service Agent on payment of Rs.78,900/- Ex.B1, copy of invoice.  Further the contention of the 2^nd opposite party is that immediately after receipt of the complaint due instruction has been obtained from the 1^st opposite party who is the manufacturer appointed the 2^nd opposite party as a service provider.  The 2^nd opposite party has nothing to do with the repair works or replacement or payment of cost price of Rs.78,900/- or refund of the cost price.  Further the contention of the 2^nd opposite party is that the laptop purchased by the complainant suffers a defect inherent in it and it cannot be attributed because the 2^nd opposite party is a retail outlet for selling laptops and not a manufacturer.  The complainant also has no privity of contract between the 2^nd opposite party.  But it is not denied that the 2^nd opposite party is the service provider engaged by the 1^st opposite party.  Considering the facts and circumstances of the case, this Forum is of the considered view that the inherent defect of electric shock is a manufacturing defect.  Hence, the opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.78,900/- with interest at the rate of 9% p.a. from the date of complaint to till the date this order with a compensation of Rs.10,000/- for mental agony and cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to refund a sum of Rs.78,900/- (Rupees Seventy eight thousand and nine hundred only) being the cost of Macbook Air with interest at the rate of 9% p.a. from the date of complaint (i.e.) 01.09.2014 to till the date of this order (i.e.) 06.08.2019 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of August 2019. 

 

MEMBER                                                                               PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	06.09.2013	Copy of invoice No.1211
Ex.A2	06.09.2013	Copy of Warranty Card and User Manual
Ex.A3		Copy of advertisements of Macbook Air
Ex.A4	11.11.2013	Copy of email correspondent between the 1st complainant and the opposite party
Ex.A5	11.06.2014	Copy of legal notice issued by the complainants to the opposite parties along with the receipt and Proof of Service
Ex.A6		Copy of internet excerpts regarding defects in Macbook Air

 

2^ND OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1	06.09.2013	Invoice raised by the 2nd opposite party - Original
Ex.B2	20.11.2014	Copy of authorization in favour of Mr. S. Sathish

 

 

                              

MEMBER                                                                                PRESIDENT