Delhi

East Delhi

CC/318/2015

HIMANSHU SINGHAL - Complainant(s)

Versus

DELL INDIA - Opp.Party(s)

22 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 318/15

 

Shri Himanshu Singhal

S/o shri Sunil Kumar singhal

R/o 28/43A, Street No. 16

Vishwas Nagar, Delhi – 110 032                                                            ….Complainant

 

Vs.

 

1. Dell India Pvt. Ltd.

Divya Sreegreens Ground Floor

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

Challaghatta Village, Varthur,

Hobli, South Bangalore – 560071

Karnataka                

 

2. W.S. Retail

Kh 435 Road, 4

Near Iph Hospital

Mahipalpur, Delhi – 110 037                                                   ….Opponents

 

Date of Institution: 05.05.2015

Judgment Reserved on: 22.01.2018

Judgment Passed on: 23.01.2018

CORUM:

Sh. Sukhdev Singh (President)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

            The present complaint has been filed by Shri Himanshu Singhal against Dell India Pvt. Ltd. (OP-1) and W.S. Retail (OP-2). 

2.         Briefly stated the facts of the complaint are that the complainant purchased a Laptop model no. INSP3537, manufactured by Dell India Pvt. Ltd. (OP-1) and marketed by M/s. W.S. Retail (OP-2) for a total sum of        Rs. 46,091/- vide bill no. #BLR_WFLD20140500708169 dated 24.05.2014. 

            It was stated that after four months of purchase, some technical problems with software arose in the laptop several times and every time the same has been cured by OP by giving instructions on telephone. 

            In the month of January and February, 2015, the complainant made  complaints and in response, engineers visited the house of the complainant on 21.01.2015 and 17.02.2015 and changed several parts, but issues were not resolved.  Again, on 19.02.2015 another engineer visited the premises of the complainant.  It is stated that the engineer misbehaved with the complainant and threw the laptop due to which the keys and software of laptop stopped working properly. 

            Complainant sent a legal notice to OP dated 20.03.2015 intimating the defects in the laptop, but OP sent a false and frivolous reply of the same.  Hence, the present complaint with allegations of unfair trade practice and deficiency in service with prayer for directions to OP to replace the laptop or refund of Rs. 46,091/-, being the cost of the laptop; Rs. 10,000/- towards mental and physical pain and agony and Rs. 10,000/- for loss of work.

            The complainant has annexed repair order forms, invoice of laptop, copy of legal notice sent to OPs and its postal receipts alongwith complaint. 

3.         OP-1 filed their reply upon service of notice, wherein they took several pleas in their defence such as; the warranty on the laptop was valid till       April 29, 2015 as the system was originally invoiced from OP-1 on April 29, 2014; the complainant reported issue for the first time in September, 2014 (after 4 months), hence, there was no manufacturing defect and the laptop carried a warranty period of one year.  The complainant contacted OP-1 on 15.01.2015  and 15.02.2015 and reported issues, which were resolved.    It was stated that OP-1 had provided quality product, which was serviced as per warranty terms and conditions.  Other facts have also been denied. 

            In the reply, filed on behalf of OP-2, they have taken various pleas such as  they were an online reseller registered on the website of Flipkart.com; they delivered the product in sealed box and within the time specified in the order; they were not liable for after sale services or any kind of warranty, if provided.  They have denied other facts also.   

4.         In support of its complaint, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint. 

            OP-1 have examined Shri Nikunj Murukutla, AR of Dell International Service India Pvt. Ltd., who has reproduced their submissions in their WS.   

            OP-2 have examined Mrs. Anushree Saksena, Authorised signatory of OP-2, who have examined herself on affidavit.  She has narrated the facts which have been stated in their WS.      

5.         We have heard the arguments on behalf of the Ld. Counsels for the parties and have perused the material placed on record.  It has been stated by the complainant that he had purchased laptop vide invoice dated 24.05.2014, in support of his claim, he has annexed the same and OP-1 has reproduced warranty terms and conditions, wherein it has been stated that laptop was under warranty period of one year from the date of invoice. But, at the same time, OP-1 has stated that the laptop in question was invoiced from OP-1 on 29.04.2014, but OP-1 has not placed on record to substantiate the averments. 

            Now, coming to the question of defects in the laptop, the complainant has placed on record the job sheets dated 21.01.2015, 17.02.2015 and 19.02.2015 wherein the issues reported and details of work bears “part of motherboard replaced, issue in battery charging” and again in job sheet dated 17.02.2015, the problem with respect to motherboard and battery was reported; for which parts were changed. 

            Thus, if we look at the job sheets, it is clear that the laptop was under warranty and within that period parts of the motherboard had to be changed twice, thus it is clear that there was some problem with the parts of laptop which required to be changed within 1 month of repairs.  Thus, it is clear that there is manufacturing defect in the laptop.  Hence, we direct OP-1 to refund the cost of the laptop i.e. Rs. 46,091/- as the problem could not be rectified despite repairs.  We also award Rs. 3,000/- as compensation for mental agony inclusive of litigation.

            This shall be paid by OP-1.  OP-2 is merely an online reseller, thus, they cannot be held liable for any manufacturing defect.    

            Copy of the order be supplied to both the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

           

            (SUKHDEV SINGH)

             President