Chandigarh

DF-II

CC/275/2017

Vishnu Mohan Vikrant - Complainant(s)

Versus

Dell International Services India Pvt. Limited - Opp.Party(s)

Abhineet Taneja Adv.

01 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	275/2017
Date of Institution	:	21.03.2017
Date of Decision	:	01/05/2018

 

                                       

                                               

 

1.     Vishnu Mohan Vikrant s/o Sh.R.K.Sharma.

2.     Raja Vikrant Sharma s/o Sh.Vishnu Mohan Vikrant

        Both residents of House No.452, Sector 11, Panchkula.

 

                                ...  Complainants.

Versus

1.     Dell International Services India Pvt. Ltd., through its Director 12/1, Embassy Golf Links Business Park, Challa Ghatta, Bengaluru.

 

2.     S.T. Computers through its Proprietor SCO 57, Ground Floor, Sector 20-C, Chandigarh

 

3.     Microsoft Corporation India Pvt. Ltd., through its Managing Director, 10^th Floor, Tower B & C, DLF Building No.5 (Epitome), Cyber City, DLF Phase-3, Gurgaon-12202.

…. Opposite Parties.

 

BEFORE:  SHRI RAJAN DEWAN, PRESIDENT

SMT. PRITI MALHOTRA, MEMBER

 

Argued by:

 Sh.Abhineet Taneja, Adv. for complainants.

Sh.Salil Sablok, Advocate for OP No.1.

                 OP Nos.2  & 3 exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the complainants purchased a laptop make Dell vide Invoice dated 13.07.2016 for Rs.49,200/- from OP No.2. They further paid an additional amount of Rs.1500/- to  OP No.1 through online mode to get the warranty upgraded upto 2019 by registering with it online on 19.07.2016. It has been averred that there was problem in the hard disk of the laptop within a short span of time which was clocking at 100 ℅ (disk usage) all the time even when there was no apps or software running. Besides this, the apps were using 0.0% whereas the hard disk usage was being shown as 100%.  They approached OP No.1 who instead of repairing the same free of cost within the warranty period asked them to pay non-refund amount of Rs.3250/- despite the fact that the same was under warranty.   Before the complainants could request OP No.1 for rectifying the problem free of costs, they received an email dated 12.08.2016 whereby OP No.1 informed that they performed all possible steps but they have not detected any hardware issue and asked complainant No.2 to approach OP No.3. Accordingly, the complainant No.2 contacted OP No.3 on 12.08.2016 who could not resolve the issue and rather informed vide mail dated 27.02.2017 that the high disk usage still persists in the system and the performance of the machine was not normal and recommended the complainant No.2 to contact OP No.1 as the issue relates to hardware.  According to the complainants, after leaving the laptop at the service center and exchanging a number of e-mails with the OPs, the issue has not been resolved either by OPs No.1 and 3. It has further been averred that the OPs have sold him an old laptop having manufacturing defect. It has further been averred that he had to buy a new external hard disc by spending Rs.3747/-.  They requested the OPs to resolve the issue or to refund its price but to no effect. Finally, they got served a legal notice dated 24.12.2016 upon OPs No.1 and 2 but all in vain. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainants have filed the instant complaint.
2.         In its written statement, OP No.1 admitted that the complainants purchased the laptop in question from OP No.2 on 13.07.2016. It has been pleaded that Rs.3250/- was for premium support for virus removal as the issue was not with any hardware but the software whereby virus had infected the laptop.  According to OP No.1, any software issue from external source is not covered under warranty and hence an offer was made to the complainants in pursuance to the discussions with Dell Support as is evident from reading of Annexure C-3. It has been pleaded that there was no hardware issue found and the complainants were asked to pay for the software charges as it was issue with the operating system but they declined for the same and hence Dell’s technical team gave the steps to them on how to get the windows installation done. It has been pleaded that the trouble shooting and hardware tests qua the hardware were done along with the complainants and were found to be working fine.  The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.         Despite due service through registered post, OPs No.2 and 3 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 09.05.2017.
4.         We have heard the learned counsel for the appearing parties and have gone through the documents on record.
5.         After giving our thoughtful consideration to the pleadings of the parties and documentary evidence of the case, we are of the considered view that the complaint is liable to be accepted for the reasons recorded hereinafter.  It is an admitted fact between the parties that the laptop in question purchased vide invoice dated 13.07.2016 from OP No.1 was under warranty. The said laptop started giving the problem of 100% hard disc usage soon after its purchase.
6.         It is also evident from the documentary evidence on record that the complainants have exchanged numerous of e-mails with OPs No.1 and 3 to get resolve the said issue in the laptop but to no effect.  A perusal of e-mail dated 24.10.2016 sent by OP No.3 to the complainants shows that the Level 1 & 2 Team had worked on the system and all needed troubleshooting was also done on the system but still the problem of high disc usage persists in the system. It was also mentioned in the e-mail that inspite of reinstalling of windows 10, the issue did not resolve and the case was escalated to Level 3 Team.  It was also mentioned in another e-mail dated 27.02.2017 sent by OP No.3 to the complainants that the machine was monitored by running it in clean boot and safe mode but still the disc usage is high.  Even the complainants had approached OP No.1 but they have also failed to set right the said issue in the laptop. Keeping in view the evidence on record, we have no hesitation to conclude that there is some manufacturing defect in the laptop in question and the said defect cannot be removed by carrying out the repairs.  It will not out of place to mention here that the complainants had to purchase the external hard disc by spending Rs.3747/- to store the data.
7.         Needless to mention here that the complainants have already given a long hand to Opposite Parties No.1 & 3 to set right the problem in the laptop, in question, but they were unable to make it trouble free and ultimately they have to file the instant complaint for redressal of their grievance. Moreover, the complainants had spent a huge sum of Rs.49,200/- on purchase of the brand new laptop in question besides Rs.1500/- on account of the extended warranty having faith in the brand to facilitate themselves and not for moving behind the OPs and then to this Forum for seeking justice in the absence of the proper services being rendered by them. We, thus, deem it fit in the facts and circumstances of the case that no useful purpose would be served by directing OP No.1 again to repair the product in question because the consumer had lost faith in that company’s product. If the repaired product develops the defect again then the complainants will be put to much larger harassment because they have to fight another bond of litigation which will be highly torturous for them. 
8.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. OP No.1 is directed as under;-

1. To refund Rs.50,700/- (Rs.49,200/- for purchase of laptop+Rs.1500/- for extended warranty) to the complainants along with interest @ 9 p.a. from the date of its purchase till its realization.
2. To pay Rs.5,000/- to the complainants as compensation for mental agony and physical harassment suffered by them.
3. To pay Rs.7,500/- as costs of litigation.

9.         This order be complied with by OP No.1 within 45 days from the date of receipt of its certified copy, failing which the complainants are entitled to initiate the proceedings against it under Sections 25/27 of the Consumer Protection Act, 1986. 
10.         The complaint qua OPs No.2 and 3 stands dismissed.
11.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

01/05/2018

 

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER