Delhi

East Delhi

CC/915/2015

SHIKHAR TYAGI - Complainant(s)

Versus

DELL INDIA - Opp.Party(s)

29 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.915/15

Mr. SHIKHAR TYAGI,

S/O Dr. ASHOK TYAGI,

J&K BLOCK, 48/A, LAXMI NAGAR,

1.  
2.  

DELL INDIAN PVT. LTD.,

DELL SERVICE CENTER

LOTUS TOWER OFFICE 205,

3.  

NEAR NATHUS SWEETS METRO PILLAR-53

LAXMI NAGAR, NEW DELHI-110092

 

ALSO AT

DELL INTERNATIONAL SERVICES INDIA PVT LTD.,

VIPUL TECH SQUARE

GOLF COURSE ROAD,

SECTOR-43

GURGAON, HARYANA

                                                                                                                      ….Opponent

 

Date of Institution: 04.12.2015

Judgment Reserved for: 29.01.2018

Judgment Passed on: 15.02.2018

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

On 09.08.2015, the complainant purchased DELL INSPIRON Series 15 Laptop,                  model no. 5558 with service tag no. HD62Q32 for Rs.44,300/- having two years warranty. It has been stated that after few days of purchase, the complainant started facing problem while operating and updating of Software of Windows-10 which resulted in malfunctioning eventually leading to crash, for which customer care of OP was constantly contacted. The complainant has stated that he being the research scholar required the Laptop for project work, but due to no response from customer care he had to get his Laptop repaired from third party. After few days the speakers of Laptop stopped functioning for which again customer care of OP was contacted, where he was informed that as the complainant had downloaded the third party software “VLC Media Player”, thus the speakers would not be covered under warranty. After a follow up with the customer care and correspondence through mail an Engineer visited the house of the complainant on 21.10.2015 and after inspection he found that there was some defect in the Mother Board which resulted crash of Laptop within four months of purchase. After ten days Laptop was returned to the complainant with refurbished Mother Board and had scratch marks in the base plate of Laptop. Therefore, complainant refused to accept refurbished Mother Board which would have decreased the efficiency of the same. It has been further stated that the complainant escalated the issue with Senior Support Resolver who stated that as per clause 13 the company could use refurbished parts. Legal notice dated 15.11.2015 was served upon OP which was neither replied nor complied with. Hence, the present complaint alleging deficiency in service and prayer for direction to OP-2 provide the complainant with brand new Laptop in working condition and new Mother Board, Rs.1,00,000/- as compensation on account of mental agony and harassment and Rs.50,000/- as litigation expenses.

Complainant has annexed copy of the passport as Annexure-A, Copy of the retail invoice as Annexure-B, Service description as Annexure-C, E.mails exchanged between the complainant and OP as Annexure-D (colly) and Annexure-E, Legal notice dated 15.11.2015 as Annexure-F along with courier receipts as Annexure G (colly).

Written Statement was filed by OP upon service of summon, where they took several pleas as defence “that the product in question had one year warranty and there was no manufacturing defect in the said Laptop”. It was stated that Standard warranty and Relevant warranty did not cover any item that were in one or more of the following categories “ Software, external devices, accessories or parts added to the product or parts that was not installed in the Dell Factory”, or third party products purchased under Dell Software peripherals (S&P) programme”. As the complainant had got his Laptop repaired from third party and had also               downloaded the third party software namely “VLC Player”, hence, the warranty stood void. It was further submitted that the technician of OP had diagnosed the system and found that the complainant had installed third party software which had damaged the internal speakers, hence, the complainant had to pay for the repair but due to non-availability of the required parts, the service could not be affected. On 19.10.2015, onsite service was insisted by the complainant for the issue of no power and as an exceptional case onsite service was arranged and it was found by the Engineer that there was some problem with the Mother Board. On 26.10.2015, the complainant refused to get the replacement of Mother Board with refurbished one and demanded replacement with the new system which was denied by OP as per warranty policy. The complainant was requested to visit the authorized service centre of OP at Noida to get a proper solution as per warranty entitlement, but the complainant neither deposited nor responded to the E.mails sent by OP. It was stated that the OP was still willing to resolve the issue as per warranty terms and conditions. Rest all the contents of the complaint were denied.

Rejoinder was filed by the complainant where he reiterated the averments made in the complaint and denied those in the reply filed by OP.

Evidence by way of affidavit was filed by both the parties where the complainant got himself examined and has deposed on oath the contents of the complaint. He has got exhibited retail invoice dated 09.08.2015 as Exhibit CW1/1, photocopy of compact disk as Exhibit CW1/2, true copy of envelope as Exhibit CW1/3, delivery note as Exhibit CW1/4, E.mail received from Dell Technical Support as Exhibit CW1/5, copy of the e.mail dated 01.10.2015 as Exhibit CW1/6, E.mails exchanged between the complainant and Dell customer Support as Exhibit CW1/6 to CW1/12, service description: Consumer in Home Hard Wave Service as Exhibit CW1/13, E.mail dated 18.10.2015, 19.10.2015 as Exhibit CW1/14 &  Exhibit CW1/ 15 respectively, E.mail dated 27.10.2015 as Exhibit CW1/16. Legal notice has been exhibited as Exhibit CW1/18 along with courier receipt as Exhibit CW1/19.

OP got examined Sh. Nitesh, Authorized Representative of Dell India Pvt. Ltd., who has stated the contents of the written statement on oath.

We have heard the arguments by the Ld. Counsel for the complainant and OP and have perused the material placed on record. It has been stated by the complainant that he had started facing problem with the Laptop within few days of purchase. In support of his contention, he has placed on record an E.mail dated 01.10.2015 (Exhibit CW1/6) where he has categorically denied installation of any third party application and in response to the said E.mail by Dell Sales Team “We regret to inform you that currently we do not have a part available in the stock for your system, hence, kindly check local market”. This E.mail has been exhibited as Exhibit CW1/7 and as Exhibit CW1/9 which are dated 01.10.2015 & 05.10.2015 respectively. Thus, when OP itself is asking the complainant to check in the local markets, the OP has referred to clause 21 of their warranty terms and conditions but at once they have agreed to repair the mother board, they are estopped from invoking clause 21. It has been stated by OP that as per clause B of policy terms and conditions “Replacement parts may be reconditioned or refurbished where permitted by local laws and are replaced on the basis of specification and not on brand and model”.

It has been argued by the Ld. Counsel for the complainant that merely checking on the option “I agree” does not bind the complainant, as the user cannot examine product prior to purchase, and the complainant had no occasion to dispute the terms and further condition clause 13 reads ‘may be’ so, it is not mandatory that all replacements will be with refurbished parts. Hence, we allow the present complaint and direct OP to replace the mother board with new one and also award Rs.10,000/- as compensation for mental agony and harassment. OP shall also pay Rs.5,000/- as cost of litigation. The said order be complied within 30 days from the date of order. Copy of this order be sent to both the parties as per law.

 

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

       MEMBER                                                                            MEMBER              

 

 

                                                           (SUKHDEV SINGH)

                                              PRESIDENT