BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.522 of 2015

Date of Instt. 11.12.2015

Date of Decision : 25.07.2016

Balvir Singh son of Pal Singh R/o Village Bhet, P.O.Ahmedpur, Tehsul & District Kapurthala.

..........Complainant

Versus

1.Dell India Pvt Ltd., # 12/2, 12/2A, 13/1A Divya Shree Greens Koramangala Rind Road, Challaghatta, Varthur, Hobli, Bengaluru-560030 Karnatka through its Chairman.

2.Touch Automation (P) Ltd., 285 Defence Colony Garha Road, Jalandhar through its Prop./Partner/Owner.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Rakesh Gupta Adv., counsel for the complainant .

Opposite parties exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under the Consumer Protection Act against the opposite parties (hereinafter called as OPs) on the averments that complainant purchased laptop make Dell manufactured by OP No.1, from OP No.2 vide invoice No.235 dated 5.6.2015 for a sum of Rs.34,001/- with warranty of one year on hardware. The said laptop became defective and the complainant approached OP No.2 for getting the same rectified. Complainant further alleged that during conversation between the complainant and representative of OP No.2, complainant came to know that OP No.2 has sold second hand laptop to the complainant. Complainant then made a call on customer care number of OP No.1 and the customer care executive told to the complainant that this particular of laptop has been sold to person namely Kapil in November, 2014 and not to the complainant. The complainant told all these facts to OP No.2 and requested the OP No.2 to return his amount i.e. price of the laptop alongwith compensation but OP No.2 flatly refused to exceed to the request of the complainant. Thereafter, complainant issued legal notice dated 21.7.2015 to the OP but the OP neither furnished any reply to the legal notice nor returned the amount i.e. price of the laptop alongwith interest and damages to the complainant. On such averments, the complainant has prayed for directing the OP to refund the amount of the laptop i.e. Rs.34,000/- alongwith interest. He has also claimed compensation and litigation expenses.

2. Notice of this complaint was given to the OPs No.1 & 2 but nobody has turned-up despite service and as such they were proceeded against exparte.

3. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C5 and closed evidence.

4. We have heard the Ld. counsel for the complainant and minutely gone through the record.

5. From the record i.e. averments of the complaint and the evidence produced on record by the complainant, it stands fully proved on record that complainant purchased laptop make Dell manufactured by OP No.1, from OP No.2 vide invoice No.235 dated 5.6.2015 Ex.C1 for a sum of Rs.34,001/- with warranty of one year on hardware. The said laptop became defective and the complainant approached OP No.2 for getting the same rectified. Complainant further alleged that during conversation between the complainant and representative of OP No.2, complainant came to know that OP No.2 has sold second hand laptop to the complainant. Complainant then made a call on customer care number of OP No.1 and the customer care executive told to the complainant that this particular laptop has been sold to person namely Kapil in November, 2014 and not to the complainant. The complainant told all these facts to OP No.2 and requested the OP No.2 to return his amount i.e. price of the laptop alongwith compensation but OP No.2 flatly refused to exceed to the request of the complainant. Thereafter, complainant issued legal notice dated 21.7.2015 Ex.C2 through registered post, postal receipts of which are Ex.C3 and Ex.C4 to the OP but the OP neither furnished any reply to the legal notice nor returned the amount i.e. price of the laptop alongwith interest and damages to the complainant. Complainant submitted that all this amounts to deficiency of service on the part of the OP qua the complainant.

6. It may be mentioned here that the Ops did not turn-up despite service and the complainant proved his averments of the complaint exparte through his affidavit Ex.CA and also produced on record retail invoice Ex.C1 dated 5.6.2015, legal notice Ex.C2, postal receipts Ex.C3 and Ex.C4 and one warranty details Ex.C5. The complainant in this complaint has alleged that the said laptop became defective and he approached the OP No.2 for getting the defect in the laptop rectified but the OP No.2 did not rectify the defect in the laptop. Complainant neither stated in the complaint nor in his affidavit Ex.CA as to what was the defect in the laptop and on which date or month, the said defect arose in the said laptop. Complainant further alleged that during conversation between complainant and OP No.2, he came to know that laptop sold to the complainant by the OP No.2 was second hand laptop and he called on the customer care number of OP No.1 who told to the complainant that this laptop has been sold to one Kapil in November, 2014 and not to the complainant. But the complainant could not produce any evidence i.e. invoice vide which the aforesaid laptop was sold to said Kapil nor the complainant has mentioned the whereabouts of that Kapil nor the complainant produced any record from the customer care or from the OP No.1 to prove that this laptop was sold by whom i.e. by which shop/firm to said Kapil. Complainant has produced on record one detail warranty Ex.C5 which shows only services which were being provided by the Dell Service Centre to its customers. Apart from this, the complainant has produced the retail invoice Ex.C1 of the laptop vide which he purchased this laptop from OP No2. On this invoice, it has been clearly mentioned that the OP No.2 is not responsible for the services regarding the laptop in question during the warranty period. Only Dell Service Centre is responsible to provide services during warranty period. So, OP No.2 was not responsible for any service to the laptop in question during warranty period. Complainant never approached any Dell Service Centre to get rectified the defect, if any, to the laptop of the complainant nor complainant could state what was the defect in the laptop. Nor the complainant could produce any evidence as to on which date during conversation he came to know that this Laptop sold to the complainant is secondhand laptop. Nor the complainant ever wrote to the company i.e. OP No.1 that OP No.2 has sold second hand laptop to the complainant nor complainant could produce any evidence regarding the sale of this Laptop earlier to one Kapil, on which date, month or year. Complainant has produced only one warranty details of service tag HNG9732 which only provide service details but not the details whether any service was provided to the said Laptop nor the complainant could state what was the defect in the Laptop nor he could produce any job sheet in this regard nor the complainant has ever produced the Laptop before the authorized service centre of Dell Company particularly when it has been categorically mentioned in the invoice Ex.C1 that the warranty of service shall be provided by the service centre of Dell Laptop. So, it stands fully proved on record that complainant could not prove any defect in the Laptop in question. Therefore, we hold that the complainant has failed to prove on record the allegations leveled by him in the complaint.

7. Consequently, we hold that there is no merit in the complaint and the same is hereby dismissed with no order with cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

25.07.2016 Member President