Delhi

East Delhi

CC/255/2020

DEEPIKA ARORA - Complainant(s)

Versus

DELL INDIA & ANR. - Opp.Party(s)

16 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 255/2020

 

	Deepika Arora B-69, Suraj Mal Vihar, New Delhi-110092.                                                                                                   Versus	....Complainant
1.	Dell International Services India Pvt. Ltd. (through Its Director) No. 12/1,12/2A, 13/1A, Divyashree Greens, Kormangla Inner Ring Road, Domlur Post, Bangalore-560071 Karnataka	…..OP1

 

2.  Tanmay Computers

     Shop No.3, Plot No.1, Sector-5, Vaishali,

     Ghaziabad-201010

     Uttar Pradesh                                                                                          ……OP2

                                                         

 

Date of Institution: 10.12.2020

Judgement Reserved on: 04.07.2022

Judgement Passed on: 16.07.2022

                  

CORUM:

Sh. S.S. Malhotra (President)

Ms. Ritu Garodia (Member) – on leave

Sh. Ravi Kumar (Member)

 

Order By: Shri S.S. Malhotra, President

 

JUDGEMENT

1. By this order this Commission shall dispose off the complaint of the Complainant which pertains to deficiency in service by OPs w.r.t the selling of faulty Laptop to the Complainant.
2. Brief facts as stated by the Complainant in the complaint are that the Complainant purchased one Laptop from Opposite party No. 2 manufactured by Opposite Party No.1 for her husband on 04.09.2020 for a sum of Rs.87000/- and the same had a Warranty of 1 year against any manufacturing defect from the date of purchase. The configuration of the said Laptop was Dell XPS 13 CORE I-5/8/256. Copy of the Purchase Invoice/receipt dated 04.09.2020 is annexed herewith as Annexure C/1.  The purpose of buying the Laptop by the Complainant was to use it for  herself and to help her husband because of the closure of the Courts for physical hearing all over Delhi and other parts of India and the matters were being heard through Virtual mode and Laptops had become a necessity. It is submitted that on 16.10.2020 i.e. in the very second month of the purchase of the Laptop, the said Laptop started getting switched off randomly without any command and developed some technical problems. After seeing the Laptop creating regular problems, the same was immediately informed by the Complainant to the Customer Support Team of OP1 vide Service request bearing No. 83031575 who rectified the problem temporarily. Copy of the mail sent by Opposite Party No. 1 to the husband of the Complainant is annexed hereto and marked as Annexure C/2. Although the complaint was rectified then once yet the same problem accrued again on 20/10/2020 and therefore Complainant wrote another email to OP1 on 20/10/2020 and requested for replacement of the Laptop. OP1 telephonically informed the Complainant that the Laptop has some inherent technical problem and has been approved from top officials for replacement within 45 days but nothing happened and the Laptop was not replaced and Complainant wrote various email i.e. 26/10/2020, 30/10/2020, 11/11/2020, 15/11/2020, but of no consequence. Complainant ultimately served Legal Notice to OP which was duly replied but Laptop was not replaced. Not only this, OP1 asked Rs.25000/- from the Complainant by stating that a Laptop with new configuration would be given which took the Complainant with shock, as earlier the OP was ready to replace the Laptop without any condition and now they were asking Rs.25000/-. Since the complaint was not redressed, the Complainant filed the present complaint with the prayer -

1.    To direct the Opposite Parties to replace the defective Laptop without any  delay; and/or
2.    To direct the Opposite Parties to refund the complete amount of the Laptop purchased by the Complainant with interest @ 12 % per annum; and/or
3.    Direct the Opposite Parties to pay the compensation amount of  Rs.4,00,000/- (Rupees Four Lakh Only) to the Complainant on account of immense hardship and mental agony suffered by the Complainant; and/or
4.    pass any other or further order (s) so deem fit in the interest of justice.

3. The OP1 was served and has filed its reply thereby stating that the present complaint is not maintainable as there is no cause of action and that this Commission does not have territorial jurisdiction to entertain the Complainant and there is no deficiency in service by the OPs. It is submitted that on the complaint of the Complainant, technical problem of the Laptop was resolved and there after she was always given response to w.r.t  her emails and once the replacement of the Laptop was approved by the OP which fact was even communicated to the Complainant, there was no ground for the Complainant to file the complaint. It is further stated that the Complainant was asked for settlement but the Complainant started demanding unreasonable amount as compensation and therefore the matter could not be settled and accordingly the present complaint is liable to be and be dismissed. It is specifically denied that the OP1 demanded Rs.25000/- from the Complainant for providing Laptop with different configuration and OP1 has prayed that complaint of the Complainant be dismissed.
4. No rejoinder was filed but the Complainant has filed her evidence there by exhibiting 20 documents. Copy of the Purchase Invoice/receipt dated 04.09.2020 as Exhibit-CW1/1. Copy of the mail sent by Opposite Party No. 1 to her husband as Exhibit CW1/2. Request for the replacement of Laptop or refund of money as Exhibit CW1/3. Copy of the mails dated 21.10.2020 of the Opposite Party No. 1 as Exhibit CW1/4 (Colly). Copy of the E-mail dated 26.10.2020 sent by the Opposite Party No. 1 as Exhibit CW1/5. Copy of E-mail dated 30.10.2020 sent by the Opposite Party No. 1 as Exhibit CW1/6. Copy of the E-mail dated 11.11.2020 of the Opposite Party No. 1 as Exhibit CW1/7. Copy of the E-mail dated 15.11.2020 of the Opposite Party No.1 as Exhibit-CW1/8. Copy of the E-mail dated 18.11.2020 of the Opposite Party No.1 as Exhibit CW1/9.  Copy of the Legal Notice dated 19.11.2020 with postal receipt is Copy of the email dated 25.11.2020 by which the legal notice dated 19.11.2020 was mailed to Opposite Party No.1 as Exhibit CW1/10. The Legal notice was refused and return by OP1 as Exhibit CW1/11. Legal notice was sent through email also by Complainant to OP1 as Exhibit CW1/12. Copy of the emails dated 26.11.2020 and 27.11.2020 of Shri Pankaj Rathore representative of Opposite Party No. 1  as Exhibit CW1/13 (Colly). Copy of the mail dated 30.11.2020 sent by her Husband to Opposite Party No.1 as Exhibit CW1/14. Copy of the mail dated 30.11.2020 sent By Opposite Party No.1 as Exhibit CW1/15. Copy of the mail dated 30.11.2020 at 4:52 p.m of her  Husband  as Exhibit as Exhibit CW1/16. Copy of the email dated 30.11.2020 sent by Pankaj Rathor of Opposite Party No. 1 as Exhibit CW1/17. Copy of the reply sent by way of mail dated 30.11.2020 at 5:03 PM by my husband as Exhibit CW1/18. Copy of the mail sent by Opposite Party to my husband as Exhibit CW1/19. Copy of the E-mail dated 17.03.2021 sent by the Opposite Party No. 1 as Exhibit CW1/20.
5. OP1 has filed its evidence and has Exhibited following documents-

Copy of E-mail dated 30.11.2020 sent by the OP1 is annexed as Annexure A/1. Copy of the E-mail dated 17.03.2021 sent by the OP1 is annexed as Annexure A/2.

OP2 is the Shop from where the said Laptop was purchased. They have neither appeared nor filed their reply. Considering the facts of the case the main relief is against the OP1.

Complainant has also filed an application dated 06.04.2021 for disposal of the matter on the basis of admission by the OP1 w.r.t. replacement of the laptop. On 30.09.2021 the Ld Counsel for OP1 also stated that OP1 is ready and willing to pay the price of the product.

6. This Commission has perused the records and heard the arguments of both sides. It is an admitted fact that the Complainant purchased Laptop on 04/09/2020 for Rs.87,000/- with configuration of Dell XPS 13 CORE I-5/8/256 from OP2 and the manufacturer of the said Laptop is OP1 Company  ‘Dell’ - Exhibit-CW1/1.  The said Laptop was having Warranty of one Year from the date of purchase. However the Laptop went out of order within 40 days of purchase. Complainant Immediately made complaint to OP1 about the same and the Laptop was repaired but however the again the Laptop stopped functioning properly on 20/10/2020. Complainant again made complaint to OP1 who pointed out that there is inherent technical problem in the Laptop and informed the Complainant that the Laptop will be replaced within 45 days. However that did not happen. The Complainant wrote further emails to OP1 - Exhibit CW1/4 (Colly). The OP1 has relied upon the Terms and Conditions of the Policy by stating that they were ready to replace the Laptop with a new one but they cannot pay any compensation. Thus there is unequivocal admission of inherent technical problem in the Laptop by OP1 who is the manufacturer and that is why they offered the complainant for replacement of defective Laptop by a new one or full refund as per Invoice – Exhibit CW1/20.

If any customer is willing to buy a new product, which is a Laptop in this case, then he/she depends upon the reputation and market credibility of the Manufacturer and their after sales service with the hope that the product he or she is purchasing will work without any problem. However in this case within 2^nd month of purchase of the Laptop by the Complainant, the same was found to be having inherent technical problem which cannot be cured and this frustrated the very purpose of buying the Laptop and OP1 should have after finding that the laptop had inherent defect should have replaced the Laptop immediately which they failed to do.

Since there is admission on the part of OP1 to replace the laptop with new one OR refund the amount to the Complainant - Exhibit CW1/20, the deficiency of service against them is established.

Now comes the question of compensation, if any to be awarded for mental agony and harassment to the Complainant and it is observed that on account of defective Laptop sold to the Complainant, the Complainant suffered mental agony and harassment as the new Laptop was sent for repair at the local service centre within 40 days of purchase but then also it could not be repaired properly and problem of its malfunction continued. Further OP1 admitted to replace to the Laptop also but did not honour their words and left with no option Complainant the filed the present complaint in December, 2020. Therefore Complainant is entitled for such compensation for mental agony and harassment also. Hence the question of compensation is answered against the OP1.

For the reasons stated supra, the Commission orders as follows.

1. OP1 to pay Rs.87,000/- to the Complainant as per Invoice dated 04.09.2020. along with interest @ 6% per annum from the date of complaint.   
2. OP1 to pay Rs.11,000/- towards mental harassment, pain and agony alongwith Legal expenses of Rs.5000/- to the Complainant.
3. The Complainant would return the Laptop purchased as per Invoice dated 04.09.2020 to OP1 upon receiving the ordered amount.

 

This order be complied with within 30 days from the date of receipt.

 

Copy of the Order be supplied/sent to the parties free of cost as per rules.

 

File be consigned to Record Room.

 

Announced on 16.07.2022.

 

On leave         (Ritu Garodia) Member

(Ravi Kumar) Member

(S.S. Malhotra) President