Chandigarh

DF-II

CC/389/2016

Anju Bala - Complainant(s)

Versus

Dell Intermational Servicves India Pvt. Ltd., - Opp.Party(s)

Sh. Gautam Bhardwaj Adv.

03 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

======

Consumer Complaint  No	:	389 of 2016
Date  of  Institution	:	1.6.2016
Date   of   Decision	:	3.3.2017

 

 

 

 

 

Anju Bala w/o Sh. Akshat resident of House No.115, Badal Colony, Zirakpur, District SAS Nagar, Mohali, Punjab.

                …..Complainant

Versus

 

1.  Dell International Services India Pvt. Ltd. Vipul Tech. Square, Sector 43, Opposite Central Park, Near Golf Course, Gurgaon 122002 through its Branch Manager.
2. Dell India Pvt. Ltd. having its head office at Divyasree Greens, Kormangla Ring Road, Ground floor, 12/1, 12/2A, 13/1A, Challaghatta, Village Varthur Hubli, Domlur, Banglore 560036, through its Manager.
3. North India Computers SCO No.38, 1^st floor, Sector 20-C, Chandigarh through its proprietor (Retailer) Sh. Rajesh Sharma.

….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

         SH. RAVINDER SINGH             MEMBER

 

 

For complainant(s)      :     Sh. Gautam Bhardwaj, ADv.

 

For OP No.1&2           :     Sh. Salil Sabhlok, Adv.

 

For OP No.3             :     None

 

 

RAVINDER SINGH, MEMBER

 

 

     As per the case, the complainant purchased a Dell Latitude Laptop from Opposite Party No.3 on 15.6.2015 by paying a sum of Rs.30,000/-. The Opposite Party No.3 at the time of purchase of the Laptop did not provide warranty card despite request which was then downloaded from the website of the www.dell.com by the complainant.  It is alleged that after about 10 months  from the date of purchase of the laptop in question the same started giving problem.  The complainant took the issue with OP No.3 who after inspection handed over the laptop to the complainant stating that the same is having hard disk problem and it cannot be replaced without warranty.  The complainant asked OP No.3 for warranty card but it simply said that warranty period of the laptop has expired in Feb. 2016. It is further submitted that despite numerous request and exchange of correspondences, the OPs failed to rectify the defect in the product in question and it is still persisting with the same.  It is pleaded that the laptop has manufacturing defect which could not be rectified by the OPs. Alleging the said act of OPs as deficiency in service, this compliant has been filed.

 

2.     The Opposite Party No.1&2  in their joint while admitting the factual matrix of the case stated that the warranty of Dell products start from the date they are shipped to the Dell retailer. Once the sale is made by the retailer the same has to be communicated and intimated to Dell and warranty of the products are re-scheduled from the date of invoice of sale. Due to failure of the dealer to communicate the same to us, answering OPs as bonafide gesture provided a 3 months extension of warranty in addition to the correcting of warranty for one year period. It is asserted that the laptop was never brought to service centre for repairs even after the warranty was updated.. It is denied that there is any manufacturing defect in the product in question. Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.
3.     OP NO.3 in its reply while admitting the factual aspect of the case stated that the complainant approached it for the problem in the laptop, OP No.3 requested him to leave the laptop to the service centre of OP No.3 for rectification of the defect/replacement of the hard disc but the complainant did not agree for the same and took back her laptop  and threatened the OP No.3 for the legal action. It is alleged that the complainant neither cooperated nor acted upon the advice of OP No.3 for the repairs of the laptop. Denying all other allegation of the complainant it is prayed that the complaint be dismissed.  
4.     The Complainant also filed rejoinder thereby reiterating the averments as made in complaint and controverting that of the Opposite Parties made in their replies.
5.     Parties led evidence in support of their contentions.
6.     We have heard the ld. Counsel for the complainant, ld. Counsel for Opposite Party No.1&2 and have also perused the record.
7.     The complainant purchased a Latitude Laptop 3540-C13/4/500 of DELL on 15.6.2015 for Rs.30,000/- from OP No.3 (Annexure C-1). The laptop carry the warranty for one year, however, on the basis of warranty details (Annexure C-2) available, the OPs have denied him the service for repair of problem in the laptop. The OPs No.1&2 in their written statement have admitted lapse on the part of its dealer in providing the service. It is stated in para 2 of the affidavit of Nitesh Ranjan authorized representative of Dell International Services India Pvt. Ltd. “ The warranty of Dell products start from the date they are shipped  to the Dell retailer. Once the sale is made by the retailer, the same has to be communicated and intimated to Dell and the warranty of the products are re-scheduled from the date of invoice of sale.  Due to failure of the dealer to communicate the same to us the answering OP as a bonafide gesture provided a 3 months extension of warranty in addition to the correcting of warranty for one year period.” The complainant could get this warranty update only after protracted correspondence with OPs. However, the hard disk problem (Annexure C-3 at page 17)   in the laptop of the complainant still has not been resolved by OPs.
8.     The OPs NO.1&2 though has provided 3 months extended warranty to the complainant for the lapse on the part of the dealer at no additional cost but same is of no use as the problem of the laptop has not been attended to and the warranty period upto 15.9.2016 has already been expired.
9.     The OPs jointly severally are found to be grossly deficient in their service. The OPs No.1&2 attributing fault/lapse on the part of its dealer, OP No.3 cannot get themselves absolved from their liability.
10.     Keeping in view the facts as discussed above, the complaint is allowed with direction to the OPs  to replace the Dell Latitude Laptop 3540-C13/4/500S/NO 7npfw32 with new laptop in proper working condition alongwith payment of compensation of Rs.10,000/- and litigation expenses of Rs.5000/- to the complainant within 30 days from the date of receipt of certified copy of this order.  The complainant shall handover the old laptop alongwith accessories etc. to OPs on receiving the new one.
11.     If the order is not complied with, within stipulated period, the OPs shall be further liable to pay additional cost of Rs.20,000/- to the complainant.
12.     The copy of the order be forwarded to the parties, free of cost and thereafter file be consigned.

 

Announced

1.     

                                                                                            Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER