Chandigarh

DF-I

CC/710/2019

Mr. Ankur Khajuria - Complainant(s)

Versus

Dell India Pvt. Ltd. - Opp.Party(s)

Rahul Garg

13 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Mr.Ankur Khajuria, aged around 30 years son of Sh.K.K. Khajuria, residing at earlier address: House No.1807-F, Sector 7-C, Chandigarh. Now presently residing at address: House No.1824, Sector 7-C, Chandigarh.

… Complainant

V E R S U S

1. Dell India Private Limited, Head Office: Divyashree Greens, Ground Floor, S.No.12/1, 12/2A, 13/1A, Koramangala Inner Ring Road, Bengaluru Karnataka, 560068 through its Directors/Managing Director. Email: th Floor, Kaledonia, Sahar Road, Andheri East Mumbai-400069, through its Directors/Managing Directors.
2. CROMA Store, having its Address at SCO No.1094-1095, Sector 22C, Chandigarh, 160022, Email ID:

… Opposite Parties

Per Surjeet kaur, Member

1.      Averments are that the complainant purchased a laptop from CROMA Chandigarh store, for a total sum of Rs.57,747/- i.e., from OP-3, on 09.07.2018 (Exhibit C-1). As per complainant, the said online warranty document is showing the start of the warranty of the said laptop as 04.06.2018, the laptop was purchased from OP-3 only on 09.07.2018 and the warranty of such electronic items starts only it is once opened. This shows that the said laptop was already opened and was being used by the OP-3 when it was sold to the complainant later on (Exhibit C-2). As per complaint, on the very beginning, despite having the latest configuration, the laptop was very slow in its performance, as it uses to get hang very often. The complainant and his wife had faced with problem as the said laptop started giving problem with the working of the laptop. In that regard, on 24.08.2018, a complaint was made through email that the laptop is getting hang very often, and the said problem be sorted out (Exhibit C-3). The OP No.1-Company took remote access of the system and performed updation of the windows on the said laptop. The OP-Company made an email communication on 08.10.2018, wherein they accepted that the complainant is facing issue regarding slow system. However, they tried using certain software methods, but the problem of slow system could not be resolved (Exhibit C-5). Rather a new issue cropped up, i.e., issue regarding non-proper working of the keyboard. The OP-1 responded and accepted that the keyboard is not working properly, and changed the keyboard of the laptop vide report dated 22.03.2019 (Exhibit C-7). Even after getting the keyboard replaced, it still had the same problem but no one came to resolve the issue. Rather, an email dated 24.03.2019 was sent that the laptop is not in the working condition and did not even start (Exhibit C-8). But no action is being taken from the OP-Company. Alleging that the aforesaid act amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant complaint.   

2.       OP No.1 contested the consumer complaint, filed its written reply and stated that in the present complaint, the complainant reported an issue to Dell on 27.07.2018 via email for the first time with regards to a system performance issue. It had given instructions to follow to troubleshoot on the system. Also gave an option to visit service center however complainant did not turn up and Dell support tried to follow up with the issues but did not get any response from the complainant. It is also submitted that the complainant reported same issue on 08.10.2018 and Dell support team informed him to perform operating system reinstallation/OSRI. Again the complainant did not respond with regards to OSRI. It is further submitted that the complainant reported intermittent issue with keyboard on 09.02.2019, OP No.1 Dell support team changed the settings on call and the issue got resolved. It is made clear that on 19.03.2019, the complainant reported an issue with keyboard and the same had been replaced and the issue got resolved. Pleading that there is no deficiency in service or unfair trade practice on its part, OP No.1 prayed for dismissal of the consumer complaint.

3.       OP No.2 & 3 contested the consumer complaint, filed their written reply and stated that in the present complaint, the OP No.2 & 3 cannot be in any manner held responsible for any defects in the manufacturing since manufacturing and related defects that may occur is the direct responsibility of the manufacturer thereof i.e., the OP No.1. Since OP No.2 & 3 are not involved in activities relating to manufacturing including the activities of assembling and packaging. Hence, pleading that there is no deficiency in service or unfair trade practice on their part, so prayed for dismissal of the consumer complaint qua them.

4.       Rejoinder was filed and averments made in the consumer complaint were reiterated.

5.      Complainant and OP No.2 & 3 led evidence by way of affidavits and documents. Despite giving opportunity to file evidence, OP No.1 failed to file the same. Hence opportunity to file evidence on behalf of OP No.1 was closed.

6.       We have heard the complainant in person and gone through the record of the case.

7.      The bare perusal of the Annexure C-1, reveals that the complainant paid an amount of Rs.57,747/- on 09.07.2018 to buy the laptop in question. As per Annexure C-2 the warranty begins from 04.06.2018 meaning thereby the product sold was already opened and was being used by OP No.3 as warranty of such electronic item starts only when it is opened. As per their own document, the OPs are at fault.

         Further as per Annexure C-3, email dated 24.08.2018 the customer care/Dell technical support of OP No.1 took remote access of the system and performed updation of the windows on the said laptop. But on 05.10.2018 another email Annexure C-4, was sent by complainant to OPs that the issue of laptop getting hanged has not been resolved yet. Annexure C-5, dated 08.10.2018 is another email communication wherein the OPs accepted the complainant is facing issue regarding the product in question. Not only this, Annexure C-6 email dated 19.03.2019 highlights the improper working of keyboard which is duly accepted by the OPs vide Annexure C-7 copy of report dated 22.03.2019. Furthermore, email Annexure C-8 to C-11 clearly show the non-working condition of the product in question. Admittedly, the motherboard of the laptop was changed by OP No.1 and hard disc was formatted. Not only this, PHD data of wife of the complainant was deleted during the aforesaid repairs of the laptop in question. Annexure C-12, makes it abundantly clear that to retrieve research data, the complainant paid an amount of Rs.699/- as initial payment.  Conclusively, the dispute in the present complaint is with regard to selling of used and defective laptop to the complainant as the said laptop from the very beginning had not been working properly and after numerous complaints, despite replacement of motherboard and other hardware components the problem persisted and the laptop is completely in non-functional condition till today. Hence act of the OPs for selling used and defective product to the complainant, non-providing proper after sale services proves deficiency in service and their indulgence in unfair trade practice. 

8.      In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹57,747/- to the complainant alongwith interest @ 9% per annum from the date of filing this present complaint till realization. The complainant shall, however, return the laptop in question to the OPs.
2. to pay an amount of ₹8,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹7,000/- to the complainant as costs of litigation.

9.       This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.

10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.