Date of Filing:21/12/2015

    Date of Order:25/01/2017

ORDER

BY SMT.BHARATI.B.VIBHUTE, MEMBER

1.     The complainant has filed this complaint U/S 12 of the Consumer Protection Act, 1986 against the opposite party (hereinafter referred in short as O.P) alleging deficiency in service on the part of the O.P and prays for direction to the O.P to give service to complainant system without any cost and also to pay a sum of Rs.1,00,000/- towards compensation for deficiency in service harassment and to pay cost of the proceedings.

2.    The brief facts of the complaint are that, the complainant had purchased a Dell Laptop with Customer No.791406882 Order dated 13/04/2014, Dell Order No 850504587, Inspiron 17R 5720 Service Tag H2LCVWI, Express Service Code : 37162105201 with its extended warranty with accidental damages and fulfilled all conditions by which he could get all assistance in future from the O.P. The complainant states that, during October 2015 faced some issues in the laptop and during its rectification one of the scam was disclosed that, for certain increment and incentive, Dell India is cheating customers. The complainant on 30/10/2015 complained to the O.P through phone but O.P was lying to the complainant. The representative of the O.P informed to the complainant that in case of replacement of the defective parts the product in question, complainant has to pay to O.P and O.P will come to the door and change the parts. The complainant submits that as per Dell India CC the Laptop is U.S product. The issue with the laptop occurred within the warranty period and the complainant came across the scam which is going on in the organization to cheat the Indian customers since the Indian customers are polite and they do not take firm steps.  The complainant issued legal notice on 30.11.2015, but O.P did not reply to the same. Hence this complaint.

3.     Upon issuance of notice O.P appeared through its counsel and filed its version. In the version it is contended that, the complainant purchased the Laptop in question on 13^th April 2014 through Snap deal but the Laptop was originally invoiced from O.P on 5^th July 2013 for retail in U.S. The Laptop was illegally imported to India without knowledge of O.P and not manufactured for sale in India  and do not have valid warranty in India.  Further O.P contended that, when they requested the complainant to handover the invoice copy and proof of the payment of extended warranty but the complainant declined the same. Hence contended that, the complaint is filed with malafide intention and there is no deficiency in service on their part as they did not violate any terms or conditions of their policy.  The O.P also contended that, the product in question manufactured for the United States of America but it is not for Indian Market and hence it does not have any valid international warranty in India and hence contended that, they are not liable for illegal act of the seller/distributor.  Further the O.P by denying all the allegations made in the complaint ultimately prays for dismissal of the complaint.

4.       In order to substantiate the case of the parties and both parties filed their affidavit evidence and also heard the arguments.

5.      On the basis of the pleadings of the parties, the following points will arise for our consideration are:-

                   (A)   Whether the complainant has proved

                     deficiency in service on the part of the O.P?

(B)  Whether the complainant is entitled to

     the relief prayed for in the complaint?

(C)   What order?

6.     Our answers to the above points are:-

POINT (A) & (B):      In the Negative.

POINT (C):       As per the final order

for the following:

REASONS

POINT No.(A) & (B):-

7.     On perusal of the pleadings of the parties it is not in dispute that the complainant had purchased the a Dell Laptop bearing No.791406882 Order dated 13/04/2014, Dell Order No 850504587, Inspiron 17R 5720 Service Tag H2LCVWI, Express Service Code : 37162105201 with its extended warranty with accidental damages through online transaction i.e. Snap deal.  It is worth to note that, on perusal of the evidence on record it is not in dispute regarding the problem in the said Laptop.  Further the order confirmation at Ink Page No.8 to 10 discloses that, complainant had given the product in question with the O.P for suitable repair to resolve problems. However, the O.P contended that, the Laptop manufactured for U.S.A market but not Indian Market, hence the warranty is not covered.   On perusing the evidence on record except some e-mail communications and the legal notice complainant did not produce the invoice and the warranty undertaken by the O.P but as per the e-mail correspondence dated 8.11.2013 it is not pertaining to complainant case as the product purchased on 13/04/2014, hence the grievance of the complainant cannot be taken in to consideration regarding the payment and extended warranty. 

8.     It is worth to note that, complainant did not make the proper and necessary parties i.e. manufacturer and also the Snap deal from whom the complainant placed the order to purchase the Laptop and not to the proceedings. The complaint itself is devoid of merits.  Further though O.P contended that, if the complainant produced the invoice and extended warranty period they will refund the amount to the complainant, if such being the case the complainant for the reasons best known to him did not produce the required invoice and the extended warranty.  In the absence such vital evidence the case of the complainant is lame of strength and holds no water.  On the basis of available evidence on record, we reached to conclusion that the complainant failed to prove the deficiency in service on the part of the O.P and hence not entitled for the reliefs as sought in the complaint. Accordingly, we hereby answered these points in the negative.  

POINT (C):

9.     On the basis of answering the points (A) and (B) in the negative and thereon, we proceed to pass the following:-

ORDER

1. The complaint is hereby dismissed. No order as to cost.
2. Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 25^th Day of January 2017)

MEMBER                 MEMBER                PRESIDENT

*Rak