BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.173 of 2019

      Date of Instt. 25.05.2019                   Date of Decision: 14.10.2022

Davinder Singh S/o Gurmukh Singh R/o 1764 Adampur, Ward No.4, District Jalandhar.

..........Complainant

Versus

1.       Kalyan Computers, 161, Bhai Ditt Singh Nagar, Jalandhar       144001 Punjab.

2.       M/s Dell International Services India Pvt. Ltd. (DISIPL), Divya         Shree Greens, Ground Floor # 12/1, 12/2A, 13/Village Varthur     Hobli, Bangalore South Bangalore-State Code:29 (Karnataka).

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Complainant in Person.

                    Smt. Harleen Kaur, Adv. Counsel for OP No.1.

                   OP No.2 exparte.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant purchased one Dell Laptop, Model No.DELL 3568 S/N-61962P2 vide Invoice No.TI/19-20/761 dated 15.04.2019, amount Rs.30,500/- from OP No.1 and duly manufactured by OP No.2. The screen itself started shutting down only after 2 days just like blinking and there was a difference in clarity. After that the complainant contacted the OP No.1, who said that it will be repaired from the service center. When the complainant called its service center then they said that they send the screen, but the complainant told him that it has only been bought for 3 days, the complainant will not allow it open his laptop has been damaged in just 2 days kindly changed his laptop he pressured him to say that they would change the parts. The complainant told them clearly that his laptop has been damaged in 2 days kindly changed his laptop which they refused cleanly. He immediately emailed in 17.04.2019 and company send him reference number dell service tag no.61962P Sr. No.989452229C. The complainant was harassed for one month, he has many times gone to Kalyan Computers, once again the OP gave him a phone number of Area Sales Manager, but he has not solved his problem. After that on 03.05.2019 one mechanic came in which name is Simarjit Singh his ID number is 30534897. He also said him this is a defective piece this Laptop is DOA dead on arrival. He has not solved his problem. The complainant has suffered 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 refund the price of the Laptop i.e. Rs.30,500/- and Rs.40,000/- as compensation for causing mental tension and harassment to complainant and Rs.20,000/- as litigation expenses.

2.                Notice of the complaint was given to the OPs, but despite service OP No.2 failed to appear and ultimately OP No.2 was proceeded against exparte, whereas OP No.1 appeared through its counsel and filed written reply and contested the complaint by taking preliminary objections that the present complaint deserves to be dismissed under the provisions of the Consumer Protection Act, 1986 as amended upto date. The complainant in the complaint has not indicated nor adduced any document with respect to his status. It is further averred that the complainant is not consumer as defined under Section 2 (1) (d) of the Act qua answering OP. The complainant is availing services for their commercial purpose as such is not a consumer complaint qua OP No.1 within the definition of the Act. The complaint as framed with malafide intentions concocted a false story and attributed absolutely false allegations against answering OP. The present complaint is not maintainable in as much as there is no negligence nor any deficiency in service nor any unfair trade practice on the part of the OP. On merits, the factum with regard to purchase of the Laptop is admitted, 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.                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. 

4.                In order to prove their respective versions, both the parties produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for the OP No.1 very minutely.

6.                The complainant purchased a Laptop on 15.04.2019 of Dell Company bearing Model No.DELL 3568 S/N-61962P2 for Rs.30,500/- from OP No.1. The invoice has been proved by the complainant as Ex.C-1. As per the allegations of the complainant, the screen itself started shutting down only after 2 days like blinking and there was a difference in clarity. On 03.05.2019, one mechanic came and said that this is a defective piece and the said Laptop is DOA, means Dead on Arrival, which is evident from Ex.C-3 i.e. Service Report. Ex.C-2 is the reply to the email by OP. This shows that the complainant immediately reported the matter to OP, but the problem of the complainant has not been solved by the OP.

7.                The contention of the OP No.1 is that the Laptop was in good performance, there was no manufacturing defect. The complainant was fully satisfied and taken the delivery in perfect condition and performance. But if we see the document Ex.C-3 i.e. Service Report, in which comments from onsite engineer has been mentioned as DOA, means Dead on Arrival. So, from this document it is clear that there is manufacturing defect in the said Laptop. The OP has not produced any document from which it may be inferred that the Laptop was repaired and required repair after two days of its purchase by spending huge amount of Rs.30,500/-. So, in the absence of any evidence on the part of the OP and after going through the documents proved by the complainant, we have no option except to accept the evidence of the complainant and thus, the complainant is entitled for the refund of the price of the Laptop along with compensation and litigation expenses.

8.                In the light of above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to refund the price of the laptop i.e. Rs.30,500/- to the complainant. Further, OPs are directed to pay Rs.10,000/- as compensation to the complainant 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.

9.                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    Jyotsna               Dr. Harveen Bhardwaj     

14.10.2022         Member                          Member           President