Order dictated by:
Sh.S.S.Panesar,President.
- Sh. Sorrabh Sameer Sharma complainant has filed the present complaint under section 11, 12 & 14 of the Consumer Protection Act on the allegations that complainant purchased one Laptop make Lenovo having Model No. Lenovo G405 5912293 BLK 35.5 CM worth Rs. 25,489/- vide Invoice No. SLF 02A75020022405 dated 14.5.2014 from opposite party No.2 having two years extendable warranty period which is upto 13.5.2016. Since from the beginning of the purchase of the laptop, it started giving problems i.e. Screen Flickering, speaker not working properly, two keypad buttons were damaged. When the complainant took the said laptop to opposite party No.3, authorized service centre of opposite party No.1, they simply told that the said product is having much warranty period and as such complainant should approach them subsequently when the screen become totally flawed. After waiting for a sufficient time , the complainant within the warranty period approached opposite party No.3 and told that the laptop started increasing much problems and requested them to remove all the defects. But at that time opposite party No.3 on seeing the bill of the laptop told the complainant that the warranty period has now over and the complainant should have to spend money for repair etc. When the complainant asked about the reason for finishing the warranty period since there was extendable warranty of two years, opposite party No.3 told that the complainant did not got registered the extendable warranty with opposite partyNo.1 in time, as such the same cannot be given. It is worth while to mention over here that at the time of purchase of the said laptop, it was bounden duty of the officials concerned, to tell about all the procedural works etc for getting extendable warranty which the opposite party No.2 never disclosed. The complainant has sought for the following reliefs vide instant complaint:-
- Opposite parties may be directed to replace the laptop with new one with similar model or to refund the price of the laptop alongwith interest till its realization.
- Compensation to the tune of Rs. 50000/- may also be awarded to the complainant alongwith litigation expenses to the tune of Rs. 12000/-.
Hence, this complaint.
2. Initially Sh.J.S.Samra,Adv.appeared on behalf of opposite party No.1 and filed memo of appearance on 5.7.2016, but thereafter none put in appearance on behalf of opposite party No.1, as such opposite party No.1 was ordered to be proceeded against ex-parte vide order dated 21.7.2016. Opposite parties No.2 & 3 did not opt to put in appearance , as such they were ordered to be proceeded against ex-parte.
3. In his bid to prove the case complainant tendered into ex-parte evidence his affidavit Ex.CW1/A, copy of retail invoice Ex.C-1 and closed his evidence.
4. We have heard the complainant in person and have carefully gone through the record on the file.
5. On the basis of the evidence on record, complainant has vehemently contended that complainant purchased one laptop make Lenovo having model No. G405 5912293 BLK 35.5 CM worth Rs. 25,489/- vide Invoice No. SLF 02A75020022405 dated 14.5.2014 from opposite party No.2 at Amritsar. Copy of the invoice accounts for Ex.C-1. The Laptop purchased by the complainant was having two years extendable warranty period which means that the warranty of the said product was upto 13.5.2016. At the time of purchasing the product, complainant was assured that it is two years extendable warranty of the said laptop from the date of its purchase. Since from the beginning of the purchase of the laptop the said product started giving problems i.e. screen flickering, speaker not working properly, two keypad buttons were damaged . When the complainant took the said laptop to opposite party No.3, which is authorized service centre of opposite party No.1, they simply told the complainant that since the product was having much warranty period, as such complainant should approach after some time when the screen becomes totally flawed. After waiting for sufficient time period, the complainant approached the opposite party No.3 and requested them to repair the laptop in dispute as the same was within warranty period. Opposite party No.3 did not register the extendable warranty with opposite party No.1 in time, as such extendable warranty to the complainant could not be given. It is worth while to mention over here that , it was the bounden duty of the officials concerned to inform the complainant about all the procedural requirement for getting the extendable warranty . But, however, the laptop has not been repaired by the opposite party No.3 for the reasons best known to them. Opposite parties have been proceeded against ex-parte. The evidence adduced by the complainant has gone unrebutted on record. In such a situation, the opposite parties are liable to refund the sale price of the laptop in dispute or to replace the laptop with new one of the same make and model and further they were required to pay compensation to the complainant to the tune of Rs. 50000/- alongwith litigation expenses to be assessed by this Forum.
6. From the appreciation of the facts & circumstances of the case, it becomes amply clear that the complainant purchased laptop in dispute on 14.5.2014 from opposite party No.2 vide invoice, copy whereof is Ex.C-1 on record. It has come on record that from the very beginning the laptop started giving problems i.e. Screen Flickering, speaker not working properly, two keypad buttons were damaged etc. The complainant when took the laptop to service centre i.e. opposite party No.3, who tried to down play the matter & told the complainant that since the laptop was within warranty period, therefore, he should visit the service centre only when the screen became totally flawed. As a matter of fact the laptop in dispute was covered under two years extendable warranty but this fact was not disclosed to the complainant by opposite party No.2 & as such he could not register the laptop with opposite party No.1. Thereafter opposite party No.2 refused to entertain the complainant on the pretext that service could not be extended to him because two years extendable warranty was not registered by him with opposite party No.1. Not only that opposite party No.3 is deficient in service, even opposite parties No.1 & 2 are guilty of indulging in unfair trade practice because no electronic gadget can be sold without valid warranty. The evidence adduced by the complainant has gone unrebutted on record because, despite service, opposite parties did not opt to appear & contest the claim of the complainant thereby admitted the case of the complainant. Under the given circumstances, it would be equitable to direct opposite parties to repair the laptop in dispute to his satisfaction free of costs. The complainant shall deposit the laptop in dispute with opposite party No.3 within 15 days of the receipt of copy of this order against job sheet while opposite party No.3, shall repair the laptop in dispute within a further period of 15 days therefrom. If the compliance of this order is not made within the stipulated time frame, the complainant shall be entitled to get the order enforced through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated :4.10.2016
/R/
