DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.48/2015

Shri Akhilesh

R/o 5A/10909, Second Floor,

Sat Nagar, Karol Bagh,

New Delhi-110005                                             ….Complainant

Versus

1.      M/s Dell India Pvt. Ltd.

Divyasree Greens, Ground Floor,

12/1, 12/2A, 13/1A,

Challaghatta Village,

Varthur Hobli, Bangluru South,

Karnataka

2.      Digicomb Complete Solutions Ltd.

          I-32, Ground Floor, Opposite KFC,

Lajpat Nagar-II, New Delhi-110024         ….Opposite Parties

                                                Date of Institution        : 19.02.15                   Date of Order      :04.06.19

Coram:

Sh. A.S. Yadav, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. Briefly put, the complainant, Akhilesh purchased a Dell Laptop on 03.10.11 for Rs.80,577/- manufactured by M/s Delhi India Pvt. Ltd. hereinafter referred to as OP-1. The laptop purchased was having the warranty of three years from the date of purchase i.e. 03.10.11.
   1. It is averred that OP made tall claims and enticed the complainant to purchase the laptop. The said laptop started causing problems right after the purchase. The complainant, telephonically and through emails kept complaining to OP-1 regarding the same and it is only after lot of hue and cry OP-1 changed the parts of the laptop on 11.10.14. However, after changing the parts in the laptop it started creating different kind of problems. Complainant sent a written complaint to OP-1 and requested it to solve the issues regarding the laptop but OP-1 paid no heed to his request. Thus aggrieved, the complainant approached the Forum with the prayer to direct the OP-1 to replace the defective laptop with the same model and capacity or to refund the entire cost of the laptop i.e. Rs.80,577/-  alongwith interest @ 18% per annum. Additionally for directions OP-1 to pay compensation of Rs.1 lakh and Rs.5,500/- towards litigation expenses.
2. OP-1 resisted the complaint inter-alia stating that the complainant has used the said laptop with complete satisfaction for a period of 20 months. The complainant  never reported any technical issue with the said laptop prior to 03.07.13. Since the laptop in question was working properly for a period of 20 months hence there was no manufacturing defect in the said system.
   1. It is next submitted that the laptop in dispute carries a warranty for a period of 3 years. The product warranty clause is reproduced as under:

Unless specified otherwise, Dell warrants to the Customer that Dell- branded Products will from invoice date be free from defects in materials and workmanship affecting normal use for a period of one year or such other period as may be set out in Dell's invoice.("Standard Warranty" And "Relevant Warranty" period as appropriate).

This Standard Warranty or Relevant Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Dell, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; products with missing or altered Service Tags or serial numbers; any attempt by any person other than Dell personnel or any person authorised by Dell, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Dell. The Standard Warranty or Relevant Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from Dell; accessories or parts added to the Product through Dell's Custom Factory Integration (CFI) program; accessories or parts that are not installed in the Dell factory; or Third Party Products purchased under Dell Software & Peripherals (S&P) Program.

1. OP-1 further submits that the complainant for the first time on 3^rd July, 2013 reported the technical issue and the technician of OP No.1 diagnosed the problem in the system and replaced the required part as per the warranty entitlement. It is next submitted that OP No.1 on 28 September, 2014 reported that the system in question has been dropped by the complainant and has got damaged.  On the basis of warranty entitlement OP No.1 offered repair for the damaged system and resolved the issue on 13^th October, 2015.
2. OP No.1 further submits that being such a reputed company OP No.1 always ensures the quality of its product and services.  OP No.1 has never denied its support which the complainant was entitled to as per the warranty terms. Further the complainant is reporting a new issue with the system which is not a result of any hardware failure. As now the system is outside the warranty period. OP No.1 is willing to provide its services on chargeable basis to the complainant. Thus, the OP-1 prays for dismissal of the complaint with exemplary cost, being devoid of merits.

3. OP-2 was proceeded exparte on 08.09.15.
4. Complainant has filed rejoinder to the written statement of OP-1 reiterating the averments made in the complaint. 
5. Complainant has filed evidence by way of affidavit.  On the other hand, affidavit of Sh. Nitesh Ranjan, Authorized Representative has been filed on behalf of OP-1.
6. Written arguments have been filed on behalf of the parties. 
7. We have heard the oral arguments on behalf of the complainant. None appeared on behalf of the OP-1 to advance oral arguments despite affording the opportunity. 
8. It is not in dispute that the complainant purchased a laptop, “Dell SPS15L502X” with the warranty of three years on 03.10.11 for a sum of Rs.80,577/- from OP-2. As per the complainant, he went to OP-1 for non -functioning of the laptop in question for the first time on 05.02.12. The Ex. CW1/C shows that the steps to fix in the laptop were ‘Install OS and drivers so system working fine’. It is noticed that the complainant visited OP-1 for the first time after four months of purchasing the laptop that too for getting the OS installed, which certainly is not a technical or a hardware problem.
9. Thereafter the complainant approached the OP-1 for problems in his laptop on 08.07.13 with heating issues and after checking the system the OP-1 replaced certain parts in the laptop. The laptop was returned to the complainant on 10.07.13. The next complaint registered by the complainant  was on 05.09.13 and the problem was rectified on 26.11.13 wherein the issue reported was LCD damaged and after checking the system and changing LCD the system started working fine.
10. Further on 28.09.13 the complainant accidently dropped the laptop and it stopped functioning properly which was rectified according to OP-1. But as per complainant the laptop is not working fine till date.
11. The sequence of the event shows that the technical issue in the laptop arose on 03.07.13 which is after a period of 20 months of purchasing the laptop. Therefore we are of the opinion that if the laptop was working fine for the initial 20 months then there cannot be any manufacturing defect in the said system. It is further noticed that the complainant went to the OP-1 twice prior to the accidental dropping of the laptop and on both the occasions the complaint was looked into and OP-1 rectified the problem. Complainant admits that the laptop accidently got dropped from him. It is only after the accidental dropping of the laptop that the laptop could not be brought into proper functioning.
12. Therefore, the above facts and circumstances prove that OP-1 provided support to the complainant whenever an issue was reported as per the warranty terms and conditions. Hence, we are of the opinion that the complainant has failed to establish any deficiency in service or unfair trade practice on the part of OP-1 which results in the dismissal of the complaint with no order as to costs.
13. 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.

Announced on 04.06.19