NCDRC

NCDRC

RP/1330/2009

M/S. SONY INDIA (P) LTD. - Complainant(s)

Versus

DR. LALIT AGARWAL & ANR. - Opp.Party(s)

M/S. KNM & PARTNERS

04 Jan 2010

ORDER

Date of Filing: 17 Apr 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1330/2009
(Against the Order dated 02/02/2009 in Appeal No. 1014/2008 of the State Commission Delhi)
1. M/S. SONY INDIA (P) LTD.Having its Registered office at A-31, Mohan Cooperative Industrial Estate Mathura Road New Delhi -110044Delhi ...........Appellant(s)

Vs.
1. DR. LALIT AGARWAL & ANR.S/o. Shri Ram Avtar agarwal to be Served at 149, Sukhdev Vihar Delhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Mr.Rajat Joneja, Advocate for M/S. KNM & PARTNERS, Advocate
For the Respondent :NEMO

Dated : 04 Jan 2010
ORDER

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          Petitioner, who was the opposite party No.1 before the District Forum, has filed the present Revision Petition. 

Respondent/complainant purchased a note-book (Laptop) manufactured by the petitioner through M/s.Synapse (Respondent No.2), who was the dealer of the petitioner, for a sum of Rs.98,000/-.  After 2-3 weeks, the said note-book started malfunctioning.  This fact was brought to the notice of Respondent No.2.  On inspection, the engineer gave a report that the note-book, though under the warranty period, could only be repaired on pay of Rs.40,378/-.  Aggrieved by this, Respondent No.1 filed the complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to repair the note-book within one month without any charges, failing which, it was directed to pay a sum of Rs.40,378/- to the complainant.  Rs.20,000/- were awarded by way of mental agony, harassment and cost of litigation.

          Aggrieved by this, petitioner as well as the complainant filed cross-appeals before the State Commission.  Appeal filed by the petitioner was dismissed and the appeal filed by the complainant was allowed.  Direction was issued to the petitioner to refund the cost of the note-book on return of the same by the complainant.  The amount of compensation awarded by the District Forum was upheld. 

State Commission has relied upon the report of an expert to come to the conclusion that the machine could not be repaired as there was a manufacturing defect in the same and the same is required to be replaced. 

We find no infirmity in the order passed by the State Commission.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER