Complainant in person

Advocate Ashish Abhyankar for the Opponents

Per Hon’ble Shri. V.P. Utpat, President

                                     JUDGMENT

                                Dated 4^thJune 2014

                This complaint is filed by consumer against manufacturer and service provider for defects in goods and deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-

[1]            Complainant is resident of Vidyanagar, Pune 411 032.  Opponent No.1 is a Manufacturing company and Opponent No.2 is  authorized service center of Opponent No.1. Opponent No.3 is Sub Dealer of Opponent No.1.  It is the case of complainant that, he had purchased Dell Vostro 1510 Laptop on 20/5/2009 with configuration of 3 GB Ram, Intel Core 2 duo processor, 320 GB Hard Disk and 256 Mb Nvidia Graphics from the Opponent No.3.  It is the case of complainant that since beginning there were problems of overheating and hanging in very bad manner in the said Laptop. Hence, had had contacted the service centre.  On 5/2/2011 his Laptop was out of warranty and he met with problem of no video.  Complainant intimated this fact to the Opponent No.2.  Opponent No.2 assured that the problems will be removed if he paid Rs.750/-. He paid the said amount but the problems were not removed. Then again he was asked to pay Rs.14,500/- on the ground of replacement of motherboard. Complainant could not arrange the said amount. In the month of December 2011 he came to know that, the Dell Vostro display problem was occurred all over the world and the Company had given extended warranty for all the purchasers of the Laptop.  Extended Warranty was for one year. The Company has also established Settlement Funds for the purpose of providing reimbursement to the persons who have purchased specified model of notebook computer. However, Opponents have not replaced the Laptop or repaired the same. Hence, complainant has filed present complaint and asked for refund of price of Laptop i.e. Rs.46,100/- and compensation for mental and physical sufferings to the tune of Rs.19,50,000/- as well as cost of litigation.  

[2]            Opponents have resisted the complaint by filing written version and also raised preliminary objection. According to the Opponents complaint is not filed within the period of limitation. Eventhough warranty is expired complainant has filed this complaint which is not maintainable.  Opponents have denied that there is defect in the product and deficiency in service. Opponents have prayed for dismissal of the complaint.

[3]            After scrutinizing the documentary evidence, considering the pleadings and written argument of both parties, following points arise for the determination of this Forum. The points, findings and reasons thereon are as follows-

Reasons-

As to the Point Nos. 1 and 2-

[4]            The undisputed facts in the present proceeding are that the complainant has purchased Laptop which is manufactured by the Opponent No.1 and sold by Opponent No.3. It is also not disputed that the Opponent No.2 is the Service Centre of Opponent No.1. It further reveals from the pleadings and documentary evidence that certain problems were cropped up in the Laptop and Opponents have charged Rs.750/- for the first time and thereafter it has demanded Rs.14,500/- for replacement of motherboard. The learned Advocate for the Opponents argued before this Forum that, the complainant has not produced any expert evidence to show that there is defect in the Laptop. It reveals from the pleadings as well as record that, the Opponents have demanded Rs.750/- for repairs of Laptop as well as Rs.14,500/- for replacement of motherboard. These facts themselves are sufficient to held that the Laptop is defective. The second limb of argument of the Opponents is that, the complaint is filed after the expiry of warranty period.  This fact is not suppressed by the complainant as he himself has referred in the complaint that, after the expiry of warranty, which was given by the Opponents, he has filed this complaint, as he came across on the internet-Website of the Opponent Company that, the Laptops of the same version were found defective all over the world and Company has established funds for reimbursement of purchasers of said Laptops.  In order to substantiate this contention, complainant has produced printout from the Web Site of manufacturing company and it reveals from the same that, company has given extended warranty. In this circumstances, it is the opinion of the Forum that, the complaint is filed within limitation and warranty is not expired. In order to bring on record the defects in the goods, complainant has produced one C.D. which was heard by the Court Commissioner and Report is submitted to that extent. The Court Commissioner has also opined that, there is problem in the Laptop.

[5]            In the light of above discussion, this Forum is of the opinion that the complainant has proved that, the Laptop which is purchased by him from the Opponents is defective. Hence, he is entitled for refund of price of Laptop as well as for compensation on the ground of mental and physical sufferings and cost of the litigation.

                In the result this Forum answers points accordingly and pass following order-

                                   :- ORDER :-

1. Complaint is partly allowed.
2. It is hereby declared that the Opponent Nos. 1 to 3 have caused deficiency in service by selling defective Laptop to the complainant.
3. Opponents are directed to take back the Laptop from the Complainant.
4. Opponent Nos. 1 to 3 are jointly and severally directed to pay Rs.46,100/- [Rupees Fourty Six Thousand and One Hundred only] i.e. the price of Laptop to the complainant within six weeks from the date of receipt of copy of order.
5. Opponent Nos. 1 to 3 are jointly and severally directed to pay Rs.10,000/- [Rupees Ten Thousand only] towards compensation for mental and physical sufferings Rs.3,000/- [Rupees Three Thousand only] towards cost of litigation to the complainant and within six weeks from the date of receipt of copy of order.
6. If the amount is not paid or deposited within the stipulated period it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
7. Complainant is directed to pay commission fees of Rs.500/- [Rupees Five Hundred only] to the Commissioner Advocate Shri. Ghone.
8. Both parties are directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.

        Copy of order be supplied to both the parties free of cost.