Haryana

Bhiwani

CC/156/2022

AAShnna - Complainant(s)

Versus

Dell - Opp.Party(s)

In person

19 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                  Consumer Complaint No. : 156 of 2022

                  Date of Institution             : 02.08.2022

                                                           Date of Decision               : 19.04.2024

Aashnaa Goswami D/o Shri Nitin Goswami R/o 120, Vijay Nagar, Bhiwani, Haryana-127021.

          ……Complainant.

Versus

1. Product Assembler and Service Provider, Dell International Services India Pvt. Ltd., Regd. Office: Divyashree Greens, Ground Floor, Sys Nos. 12/1,12/2A and 13/1A, Challaghatta village, Varthur Hobli,  Bengaluru, 560071, Karnataka, India. E-mail  Nitesh_Ranjan@Dell.com

2. Seller on Amazon India Marketplace-Appario Retail Private Ltd.

1. Appario Retail Private Ltd. *Kh No.18//21,19//25,34//5,6, 7/1 min.14/2/2 min,15/1min,27,35//1,7,8, 9/2,10/1,10/2,11min, 12,13,14, village-Jamalpur Gurgaon, Haryana-122053, India.

2. Registered address of Appario Retail Private Ltd., a First Floor, UB Plaza, ST. Marks Road, Shantala Nagar, Bangalore-560001, Karnataka, India. E-mail->

3. Amazon India Marketplace, Regd. Office: Brigade Gateway, 8^th Floor, 26/1, Dr. Rajkumar Road, Malleshwaram (W), Bangalore-560055. Email

….. Opposite Parties.

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

Present:-      Ms. Monika Rapria, Advocate for complainant.

Sh. Aaditya Partap Singh, Advocate for OP No.1.

Sh. Gaurav Arya, Advocate for OP No.3.

OP No.2 given up vide order dated 06.01.2023.

ORDER

Saroj Bala  Bohra, Presiding Member.

1.                 Brief facts of the present complaint are that complainant purchased a laptop on 29.06.2021 from OP No.2 through OP No.3 and the product was having warranty upto 25.08.2022. It is alleged that the laptop did not work properly on 28.05.2022, so complaint was made to OPs vide case id no.143033325. On 30.06.2022, a service provider came and the matter was resolved but to surprise of complainant it again became defective but the matter was not resolved despite making best efforts by complainant. Hence, the present complaint has been preferred alleging deficiency in service on the part of Ops resulting into mental and physical harassment besides monetary loss. Complainant has prayed in the complaint to issue directions against Ops to replace the defective laptop with same configuration /latest configuration with extended warranty or to refund the cost of laptop alongwith interest. Further to pay compensation of Rs.25.00 lac for harassment  besides Rs.5500/- as litigation expenses.

2.                 Notices were sent to the OPs.  OP No.1 appeared and filed written statement taking preliminary objections qua maintainability of complaint, deficiency in service and suppression of material facts. On merits, it is submitted that complainant used the laptop about 11 months of its purchase.  On receiving complaint on 28.05.2022 it was resolved on 30.06.2022 to the complete satisfaction of complainant but the complainant was adamant to replace the laptop. However, she was suggested to submit the laptop in question and then a refurnished laptop would be delivered at her address but she refused. As such, OP denied for any deficiency in service on its part and prayed for dismissal of the complaint with costs.

3.                 OP No.3 filed reply submitting that role of OPNo.3 is limited to that of an intermediary as defined under the IT Act 2000. It is suggested that this OP is to make e-commerce marketplace user friendly, to provide necessary tools to the seller to list essential details of the products. Further, it is neither the seller nor manufacturer of the product, as such, denied for any deficiency in service on tis part and prayed for dismissal of complaint.

4.                 In evidence of complainant, her affidavit Ex. CW1/A alongwith documents Ex. C-1 to Ex. C-17 were tendered and closed the evidence.

5.                 On the other side, OP No.1 tendered in evidence affidavit of Mr. Rahul Tripathi, authorized signatory as Ex. R1 alongwith documents Ex. R-1 to Ex. R-4 and closed the evidence. OP No.3 tendered in evidence affidavit of Mr. Rahul Narayanan, authorized signatory as Ex. OP3/A alongwith documents Ex. OP3/1 to Ex. OP3/5 and closed the evidence.

6.                 We have heard the learned counsel for the contesting parties and perused the record minutely.

7.                 At the outset, it is admitted by the OPs that the laptop became defective within its warranty period. From documents service report (Ex. C-1) and the related documents qua the service of laptop (Ex. C-15 & Ex. C-16) and emails & phone calls (Exs.C-5, C-6, C-7 & C-8), it reveal that the laptop was having some defect in it which could not be rectified by the OPs completely despite making repeated approach by complainant.  Perusal of purchase bill of the laptop (Ex.C-10) reveals that it was purchased by complainant in Rs.85,490/- from OPs.

8.                 From the above, it becomes crystal clear that the OPs failed to rectify the defect of the laptop which reflects that it was having some manufacturing defect. Further, the Ops were also deficient and negligent in providing proper service to the complainant for which she has to suffer a loss qua her studies, as per documents on file, as well as suffered mental and physical harassment besides financial loss. Hence, the complaint is allowed and OPs No.1 & 3, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.85,490/- (Rs. Eighty Five thousand four hundred ninety) to the complainant alongwith simple interest @ 9% per annum from the date of filing of complaint till actual realization subject to return of the defective laptop to OP No.1.

(ii)      To pay a sum of Rs.5,000/- (Five thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                     In case of default, the OPs No.1 and 3 shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.         

Announced.

Dated:19.04.2024.