BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 17th day of July 2017
Filed on : 08-03-2017
PRESENT:
Shri. Sheen Jose, Member.
(President-in-Charge)
Smt. Beena Kumari V.K. Member.
CC.No.106/2017
Between
Mrs. Milna Varghese,W/o. Varghese, : Complainant
Manjanakuzhiyil house, (Party-in-person)
Kakkand P.O., Piravom,
Ernakulam-686 664.
And
1. Mr. Sudipto Ghosh, : Opposite parties
India Services Executive Director, (absent)
Lenovo India Pvt. Ltd.,
Ferns Icon, Level -2,
Doddenakund Village,
Marathhalli Outer Ring Road,
Marathhalli Post, KR Puram Hobli,
Bangalore -560 037.
2. Mr. Binish A. M.
(Kerala Regional Head),
Hi Tech Informatics Pvt. Ltd.,
Mulloth house, Ebra-46,
Blossom Road, Elamkulam,
Near Jerusalem Marthoma
Church, Kadavanthra P.O.,
Ernakulam-682 020.
O R D E R
Beena Kumari V.K. Member.
This complaint is filed by Mrs. Milna Varghese, Associate Professor, MBA Dept, SNG College of Engg, Kadayiripu, Kolencherry, Ernakulam District, alleging deficiency in service on the part of the opposite parties. She had purchased a Lenovo Thinkpad Edge E A31 laptop on 01-05-2015 from online seller & shoppe marketing Hyderabad in a snapdeal agreeing on terms and conditions, that warranty will be provided by the manufacturer – Lenovo India Pvt. Ltd to the product till 18-01-2018. The original cost of the product was approximately Rs. 45,000/- and the product was purchased by the complainant on discount rate of Rs. 36,700/-. On 09-01-2017 the complainant noticed that her laptop was not powering on. Therefore the laptop was entrusted with the authorized service centre of the Lenovo India Pvt. Ltd., M/s. Hi Tech Informatics Pvt. Ltd., the 2nd opposite party for necessary repair. After checking the system the 2nd opposite party informed that its motherboard became damaged and the said part was out of stock and asked the complainant to wait for 10 days. The complainant promptly contacted the 2nd opposite party after 10 days only to find that the said part did not reach the service centre. However, the complainant contacted the 2nd opposite party- service centre several times and received the same reply. Thereafter, the complainant called the toll free number of Lenovo support and she got the same reply. The complainant sent e-mails to the customer support on 2nd and 9th of February, 2017 and in reply the regional distributors service representative Mr. Dilip malaviya stated that the spare part is not yet available and he will take necessary steps to make it available soon. The complainant submitted that she had made more than 15 calls to the 2nd opposite party – Hi tech Informatics Pvt. Ltd. And also had personally visited the 2nd opposite party on 4 occasions and had requested the Manager of the 2nd opposite party Sri. Binish to take immediate action to repair the lap top of the complainant but so far no action is being taken by the 2nd opposite party. Hence she filed this complaint before this Forum seeking directions of this Forum to the opposite parties to repair the laptop immediately and to provide the repaired product warranty for 2 years or to replace the subject Laptop with a brand new laptop of the same or higher configurations with 2 years warranty or to pay Rs. 60,000/- for buying a new laptop computer. The complainant also prayed for a compensation of Rs. 2,00,000/- for the delay of 2 months occurred in completing her PhD work due to the service deficiency on the part of the opposite parties.
2. Notices were issued to the opposite parties from this Forum and the opposite parties did not respond to the notices served on them. Therefore both the opposite parties were set ex-parte and this complaint is disposed of after taking evidences from the complainant and after hearing the complainant who appeared in person.
3. The issues to be decided in this case are as follows:
Issue No. (i). Whether the complainant has proved deficiency in service or unfair trade practice on the part of the opposite parties?
Issue No. (ii). If so, whether the complainant is entitled to get the lap top computer repaired free of cost or to get it replaced with a brand new lap top computer or to get a repayment of Rs. 60,000/- in the circumstances of the case.
Issue No. (iii). Whether the opposite parties are liable to pay the complainant Rs. 2,00,000/- towards compensation for the delay of 2 months occurred in completing the Ph.D thesis work of the complainant.
Issue No.(iv). Whether the opposite parties are liable to pay the costs of the proceedings to the complainant?
4. The evidence evidence in this case consisted of the ex-parte proof affidavit filed by the complainant and the documentary evidences furnished by the complainant which were marked as Exbt. A1 to A3, A4 series,Exbt. A5 and A6. Opposite parties being absent there are no evidences either oral or documentary.
5. Issue No. (i) & (ii). The complainant had purchased a Lenovo Thinkpad Edge E431 Laptop Computer manufactured by Lenovo India Pvt. Ltd as evidenced by Exbt. A2 computer generated Invoice dated 1st May 2015. The value of the Lap top is shown as Rs. 36,700/-. In the above invoice issued by Eshoppe Marketing, Hyderabad, Telangana, the complainant is directed to confirm that the subject product is being purchased for internal or personal consumption and not for resale. The complainant used the Laptop computer without any problem till 9th of January 2017 and on the very next day i.e. on 10th January 2017 and on the very next day i.e. on 10th January 2017 the laptop was entrusted in the 2nd opposite party Hi-Tech Informatics Pvt. Ltd as evidenced by Exbt. A1 Job sheet. But the date of receipt of the unit is wrongly marked by the 2nd opposite party as 10-01-2016. However the subject laptop was provided with warranty till 18th January 2018 as evidenced by Exbt. A3 Product warranty Information and as on the date of filing this complaint i.e. on 08-03-2017 the laptop was, not delivered to the complainant after making necessary repair work. The complainant who appeared in person was heard on 03-07-2017. She submitted that the lap top computer is not yet delivered to her after making the necessary repair works. The reason stated by the 2nd opposite party authorized service centre is that the spare mother board of the laptop is out of stock. Exbt. A4 series are the communications between the complainant and the opposite parties. Exbt. A4 (a) is the letter of the complainant dated 02-02-2017, in response to the e-mail dated 23-01-2017 of Ruby Chakrabarthy of Lenovo India Pvt. Ltd, informing that the subject laptop is retained by the 2nd opposite party – Hi Tech information for the past 23 days and that the complainant will be constrained to approach the consumer court for getting the warranty-service. Exbt. A4 (b) is a letter from Regional Service Representation dated 03-02-2017 intimating the complainant that the part is not available and that they will provide expedite service to the complainant. Exbt. A4 (c) is the letter dated 09-02-2017 of the complainant addressed to d malviya @ lenovo. Com. Stating that the product is in warranty, that the complainant regrets in buying a Lenovo product. From the facts stated supra it is very evident that the Lenovo Laptop purchased by the complainant is not provided with the warranty service as promised by the 1st opposite party manufacturer through the 2nd opposite party its authorized service centre. Thus we find that the opposite parties have violated the conditions of warranty entered into between the complainant and the opposite parties that the complainant is legally entitled to warranty service free of cost till 18-01-2018 and the subject product is still under warranty. Thus the complainant has sufficiently proved grave deficiency in service on the part of the opposite parties for which she is entitled to get the lap top repaired with warranty for a further period of 2 years or to get refund of the price of the lap top after deducting 15% depreciation from the price for the usage of the computer for 2 years. The 1st and 2nd issues are decided in favour of the complainant.
6. Issue No. (iii). The complainant has prayed for a compensation amount of Rs. 2,00,000/- for the delay of 2 months occurred in completing her Ph. D thesis work due to the deficient or no service offered to the complainant during the warranty period. Exbt. A5 is the letter dated 14-06-2011 issued by the Registrar of CUSAT intimating the complainant that her request for registration for part time Research for Ph.D was granted and the registration No. allotted to the complainant is 3911. We find that despite more than 15 calls to the 2nd opposite party and four personal contacts, the 2nd opposite party did not make any serious effort to repair the laptop of the complainant and to deliver the same within a reasonable time for the reason that the spare mother board is out of stock and the laptop is still with the 2nd opposite party authorized service centre of Lenovo India Pvt. Ltd. We find that the complainant is legally entitled to get the warranty service during warranty period and that due to the failure of the opposite parties in providing the warranty service, the Ph. D. Thesis work of the complainant was delayed as a direct consequence of the deficient or no service offered to the complainant. The above act inflicted severe mental agony to the complainant for which the complainant is entitled to get compensation. Considering all the facts and circumstances of the case, we fix the compensation amount at Rs. 50,000/-.
7. Issue No. IV. The complainant had spent valuable time and money to contest the case before the Forum. Had the Lenovo India Pvt. Ltd., the manufacturer provided the warranty service during the warranty period, the complainant would not have filed this complaint. The complainant is unnecessarily dragged to this Forum to redress her genuine grievance and we award costs of Rs. 2000/- to the complainant.
In the result, the complaint is partly allowed and we direct as follows:
i. The opposite parties shall refund the price of the laptop after deducting a depreciation of 15% from the value of the lap top i.e. Rs. 31,195/- shall be refunded to the complainant.
ii. The opposite parties shall also pay Rs. 50,000/- towards compensation for not providing the warranty service within the warranty period. iii. The opposite parties shall pay to the complainant Rs. 2,000/- towards costs of this proceedings.
iv. The liability of the opposite parties shall be joint and several liability
The above orders shall be complied with, within 30 days from the date of receipt of a opy of this order failing which the above amounts except costs, will carry 12% interest p.a. from the 31st day of the receipt of this order till realization.
Pronounced in the open Forum on this the 17th day of July 2017.
Sd/-
Beena Kumari V.K. Member.
Sd/-
Sheen Jose, Member.
(president-in-charge)
Forwarded/ByOrder,
Senior Superintendent.
Appendix
Complainant's exhibits:
Exbt. A1 : True copy of Carry in Center
acknowledgment slip
A2 : True copy of Copy of delivery slip
A3 : True copy of Copy of warranty and
repair
A4 (a) : True copy of Copy of e-mail
dt. 02-02-2017
A4 (b) : True copy of Copy of e-mail
dt. 03-02-2017
A4 (c) : True copy of e-mail
dt. 09-02-2017
A5 : True copy of Copy of letter
dt. 14-06-2011
A6 : True copy of receipt dt. 02-12-2016
Opposite party's exhibits : Nil
Copy of order despatched on :
By Post: By Hand:
