BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.423 of 2022
Date of Instt. 14.11.2022
Date of Decision: 12.06.2023
Amarpreet Kaur, W/o S. Yash Pal Singh, 170, Rail Vihar, Near Gurudwara, Jalandhar.
..........Complainant
Versus
1. Kalyan Computer, 161, Bhai Ditt Singh Nagar, Jalandhar 144001 Punjab.
2. M/s Dell International Services India Pvt. Ltd. (DISIPL), Divyashree Greens, Ground Floor, Sys Nos. 12/1, 12/2A, 13/1A, Challanghatta Village, Varthur Hobli, Bengaluru-560071.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
Sh. Rajat Chopra, Adv. Counsel for OP No.1.
Sh. K. S. Minhas, Adv. Counsel for OP No.2.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant purchased one Dell Laptop, Model No.Dell 5515 S/N 8DKROH3, vide invoice No.KC/21-22/18167 dated 30.12.2021 for Rs.70,000/- from OP No.1 and duly manufactured by OP No.2, which is under warranty period. After one month the screen started blinking and making noise while operating the laptop and also started producing heat. After facing this problem/defect, the complainant rushed to OP No.1 (Kalyan Computer), they installed Window 10 to Window 11 in the laptop. The complainant again faced the same problem on the laptop and reported on the toll free number of Dell. One Technician (Mr. Vishal Sharma) visited on 15th September and replaced Mother Board, Fans and RAM. After one week i.e. 22.09.2022 the same problem exists in the laptop. Video of the poor picture of laptop was made as a proof to be shown to the technician or representative of Dell. Then, again reported to the toll free number of Dell on 14.10.2022 and Dell Co. taken her case as - Case No.153573099. After 8 days on 22nd October technician/engineer (Mr. Rajvinder Singh) of Dell visited to her house at 6:56 pm to replace Mother Board and RAM. He told that Mother Board and RAM is to be replaced. The complainant requested the OP to replace her laptop (whole unit) instead of replacing its parts again and again. He talked to his seniors on toll free number and call was disconnected by them in between conversation without any conclusion. As per technician, it is better to replace the whole unit of laptop instead of replacing the parts of the laptop. Again, the complainant called on toll free number on 26.10.2022 and one representative Ms. Sejal Kumari attended her call and questioned that after how long time the problem occurs in the laptop. This is unbearable that how I could know ????! have been informing them that this Unit is causing problem frequently and there is no specific time. Even if I take Laptop from one table to another table, the same problem occurs. On 20 Oct 2022 the laptop was running smoothly and suddenly its picture stop responding to any command i.e. neither slide nor shut down. You can watch the video, even see the picture. Till now as on 09.11.2022 neither any part of the laptop is replaced nor the whole unit of laptop replaced by Dell. The complainant feeling harassed from the last 5 months due to poor hardware of Dell. As the basic part of laptop is mother board which is known as backbone of laptop, if the same is creating problem then, it is manufacturing defect which is not resolved by replacing it again and again. The OP lingering on the matter and not resolving her problem. On 28.10.2022 one email is received on 18.32 and on 31.10.2022 one email is received on 14.37. After 48 hours she responded to the party via email as under:-
Hlo, My Case Number is 153573099. On 28 10 2022, at 18:32, you have assured to resolve the difficulties/problems, but sorry to say that neither anybody attended to my grievance nor any part replaced till 01.11.2022 even after 24-48 hours. I give you two days more for resolution, if not I will definitely approach the consumer court.
On 02.11.2022 one email is received on 10:48 and on 03.11.2022 one email is received on 10:57. On 3rd November, 2022, call received from Dell Co. (+91 7483700623 at 12:26PM) regarding whether the matter was resolved or not from the last 20th October, 2022 and then lodged her complaint regard replacement of whole unit. However, recording is enclosed in CD. On 07.11.2022 one email is received on 9.17 AM. The complainant suffered a great agony, harassment, mental tension and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to replace of whole laptop with newly extended warranty or direction to refund the laptop money of the defective laptop with interest @ 9% from the date of purchase. Further, OPs be directed to pay a compensation of Rs.50,000/- and Rs.50,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs and accordingly, OP No.1 appeared through its counsel and filed written reply and contested the complaint by taking preliminary objections that no cause of action accrued against the complainant to file the present complainant against the answering OP. It is further averred that the complainant has not come to the Commission with clean hands and has concealed the true and material facts from this Commission thus is not entitled to a relief from this Commission. Actual fact is this complainant purchased a laptop as per her own need and it is the well known principal of law that is caveat emptor it means principle that the buyer purchases at his own risk in the absence of an express warranty in the contract. After preliminary checking of the laptop complainant found it ok and made the payment of the laptop and complainant is well aware that the warranty of the product is to be given by the service center, that too as per the warranty terms and conditions of the manufacturer, answering OP is not the service provider rather answering party is just shop keeper who is working on a very thin margin and complainant being a cunning personality with an intention for the wrongful gain intentionally impleaded OP No.1 as a party, neither the complainant approached to the OP No.1 for the repair of the laptop and nor the OP No.1 is authorized to repair the product being a trader answering OP no ever repaired the product of the complainant. It is further averred that the complaint of the complainant is false, frivolous and vexatious within the knowledge of the Complainant. It is further averred that the present complaint is not maintainable under the Law, no cause of action ever accrued against the answering OP nor this thing is pleaded in the complaint as and when the cause of action accrued against the answering OP. On merits, the factum with regard to purchase of the Laptop by the complainant is admitted and the facts regarding problem in the Laptop is also admitted and it is also admitted that the technician/engineer visited to the house of the complainant, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. OP No.2 filed its separate written reply and contested the complaint by replying that the alleged issue was never reported to answering OP i.e., the manufacturer who has to provide warranty to the complainant. There is no supported document to show that the complainant reported the screen blinking issue to the dealer OP No.1 and they reinstalled windows. The complainant reported system overheating, shutting down and freezing issue on 12.09.2022 to answering OP i.e., after 9 months of purchase. Post troubleshooting, service was setup and Motherboard, Heat sink, Memory was replaced on 15.09.2022 and issue was resolved. The complainant reported system freezing issue on 11.10.2022 and post troubleshooting, the issue was resolved. The complainant again reported system freezing & video distortion while system movement and post troubleshooting, service was created to replace the Motherboard & Memory on 15.10.2022. On 20.10.2022, engineer visited the complainant onsite to replace the parts, however the complainant declined part replacement and demanded system replacement. The request was declined by technical support as the system was not eligible for a replacement. The complainant did contact answering OP on 26.10.2022 and reported display flickering issue and was demanding replacement of the laptop. The complainant was assured the issue will be resolved, the complainant was convinced to have the service completed on the system, the complainant required time to check and confirm on her decision. The complainant is misleading this Commission. It has been mentioned by the complainant that neither any part of the laptop is replaced, nor issue is resolved by Dell. However, it is stated that there were 2 separate service calls created to replace the Motherboard and Memory on 15.10.2022 & 02.11.2022 and both service calls were declined by the complainant demanding replacement. The complainant reported issue with the system for the first time on 12.09.2022 to Dell after 9 months of purchase. Hence, the question of any manufacturing defect does not arise. 1st service was created Motherboard, Memory & Heat sink on 12.12.2022 wherein were replaced on 15.09.2022. 2nd service was created on 15.10.2022 to replace the Motherboard & Memory, while engineer was on site, the complainant declined service and asked for the system replacement. 3rd service was created on 02.11.2022 to replace the same parts, however, service was cancelled as the complainant declined service and demanded replacement.
As is evident, both the times while onsite engineer was available at the complainant's location to replace the parts, the complainant declined service and demanded replacement. Replacement was declined by Dell as the system was not eligible for a replacement as per warranty entitlements and terms of sale. There is no such manufacturing defect with the system. The complainant is trying to arm twist the answering OP to make undue gains and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
4. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement filed by OPs.
5. We have heard the complainant in person and learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for the complainant and OP No.2 very minutely.
6. The complainant purchased a Laptop on 30.12.2021 for Rs.70,000/- from OP No.1, which is evident from Ex.C-1. After one month of the purchase, the screen started blinking, making noise and producing heat as per Ex.C-2. Then the complainant took the laptop to the OP No.1, who replaced window 10 to window 11, the replacement video is Ex.C-3. Then again after some time laptop started giving problem i.e. blur picture etc. and the complainant reported the same on the toll free number of Dell, then the OP sent one technician/engineer Mr. Vishal Sharma on 15th September, 2022, changed the motherboard, fan and RAM which is evident from Ex.C-5, but the problem again existed after one week and again the complaint reported to Dell on toll free number on 14.10.2022 and the engineer/technician Mr. Ravinder Singh of Dell visited the house of the complainant and advised to replace the motherboard and RAM, but the complainant refused to replace motherboard and asked to replace the laptop. Till 09.11.2022 neither any part of the laptop was replaced nor the whole unit of laptop replaced by the OP.
7. The contention of the OP No.1 is that he is not the service provider rather he is just shop keeper who is working on a very thin margin and neither the complainant approached to him for repair the product, but this contention is not tenable as when shop keeper is selling the product, then it is his responsibility to check the product whether it is free from all defects or not. But the OP No.1 failed to establish this fact. The further contention of the OP No.1 is that he has not repaired the laptop, but the document Ex.C-3 clearly shows that he has installed the window 10 to window 11. The OP No.1 also filed an application on 24.05.2023 that complainant should handover the laptop to OP for expert opinion, but this version of the OP No.1 is not tenable. The complainant is a layman. She has approaching the OPs time and again. The product was within warranty, therefore it is the responsibility of the OPs to provide services to their consumer. More so, already OP’s engineer/technician Mr. Vishal Sharma and Mr. Ravinder Singh have inspected the laptop as per Ex.C5 and Ex.C7. Now at this stage when the laptop has already been inspected and checked by engineer, no fresh opinion is required. Accordingly, the application for directing the complainant to deposit the Laptop in the service centre is disposed of.
8. The contention of the OP No.2 is that complainant reported that issue after nine months of purchase on 12.09.2022, but as stated by the complainant in his complaint that problem of screen blinking, noise and producing heat started after one month and same was reported to the OP No.1 by the complainant. If OP’s point is taken that the defect occurred after 9 months of purchase, then the item was still under warranty as the warranty of any product is 12 months from the date of purchase. Even after spending such a huge amount of Rs.70,000/-, if this kind of problem occurs again and again within warranty period and the matter is not resolved by the engineer of OPs, then it is unfair trade practice on the part of the OPs. So, from the overall circumstances, it is clear that there is a clear cut deficiency in service on the part of the OPs and the complainant is entitled for the relief as claimed.
9. In the light of above detailed discussion, the complaint of the complainant is partly allowed and OPs are jointly and severally directed to replace the laptop with new one with same model and same price or to refund the price of the laptop with interest 6% per annum from the date of its purchase. The complainant is directed to deposit the defective Laptop in the Service Centre at the time of receiving the award amount or the new Laptop. Further, OPs be directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Dr. Harveen Bhardwaj
12.06.2023 Member President
