BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BENGALURU – 560 027.

DATED THIS THE 19^TH DAY OF FEBRUARY 2021

CONSUMER COMPLAINT NO.1081/2018

PRESENT:                                                     

Sri.K.S.Bilagi, B.com, M.A., LL.M.…. PRESIDENT

Smt.L.Mamatha, B.A., (Law), LL.B..… MEMBER

Sri.M.B.Seena, B.A., (Law), LL.B.…. MEMBER

Mr.Nikhil Jain,

Aged about 32 years,

No.1065, Sobha Amethyst Kannamangala,

 (Complainant is Rep. by Adv. Sri.Rajkumar.M.D)

V/s

OPPOSITE PARTY:

M/s. Dell India Private limited,

Rep. by President,

No.12/1, 12/2a, 13/1a, Divyasree Greens,

Intermediate Ring Road, Domlur,

Bengaluru-560071.

 (OP is Rep. by Adv. Sri.Panch Mukesh.B)

= = = = = = = = = = = =

Author SRI K.S.BILAGI., PRESIDENT

******

//JUDGMENT//

1. It is a complaint filed under Section 12 of the Consumer Protection Act 1986 (herein after referred as an Act) against the opposite party to direct the opposite party to refund Rs.1,53,990/- and pay Rs.50,000/- as compensation.

2. The case of the complainant in brief is as under;

The complainant has purchased Dell Laptop from the opposite party on 14^th November 2017 for Rs.1,53,990/-.But system was not working properly as main parts of the system are replaced.Under such circumstances, complainant and his wife underwent mental agony.Despite request opposite party failed to refund the cost of the lap top.The screen of the laptop, mother board of laptop, speakers, back panel and keyboard of the panel have been damaged.It amounts to deficiency of service on the part of the opposite party.

3. After receipt of notice, opposite party appears and files version.  The opposite party contends that both the parties are bound by terms and conditions of the warranty.  The opposite party admits the purchase of laptop.  When a machinery or equipment requires to be repaired, no order for either replacement or refund of the same can be passed.  The opposite party has offered to provide support services to the complainant in accordance with the terms and conditions of warranty.  There is no deficiency of service on the part of the opposite party.   In fact, mother board was replaced under reference No.SER-84911218155.  The opposite party denies that the engineers of opposite party have admitted the defective product.  Therefore, the opposite party requests to dismiss the complaint.

4. The complainant files affidavit evidence in support of his case and relies on certain documents.  Affidavit evidence of official of opposite party has been filed and opposite party relied on certain documents.  Heard the arguments of both the side.  Perused the written argument of both the side.

5. The following points arise for our consideration;

1. Whether complainant proves the deficiency of service on the part of the opposite party?

2. Whether complainant is entitle to the reliefs mentioned in the complaint?

3. What order?

6. Our findings on the above points are as under;

POINT NO.1 & 2: Affirmative in Part,  

POINT NO.3: As per final order for the following;

7. POINTS NO.1 & 2:       Both the parties have reiterated the facts pleaded in the complaint and version.  Even though both the parties have filed affidavit evidence and documents.  But none of the documents have been marked on their behalf.  It is admitted fact that the complainant has purchased a product of opposite party i.e. Dell lap top worth Rs.1,53,990/- from GNG Electronics Pvt. Ltd. on 14^th November 2017.  According to the complainant, he noticed some problem with the lap top for the first time after six months from the date of the purchase.  According to the complainant, there was a problem with wifi connectivity and screening problem.  Whereas, opposite party contends that as per the terms and conditions, opposite party is ready to attend the service and replace the spare parts, but there is no provision for refund of the amount or replacement of the product.  The opposite party has extracted the relevant portion of the terms and conditions which reads thus;

“If we repair your Supported Product, you understand and agree that we may replace original parts with new or used parts from the original manufacture, or an equivalent part from a different manufacture.Replacement parts will be functionally equivalent to the original parts.In our discretion, we may designate an affiliated company or contract with a third party to complete repairs on the Supported Product”.

8. The complainant seeks refund of Rs.1,53,990/- and compensation of Rs.50,000/-.  The question of refund of money or replacement of product arises only in case of manufacturing defect.  According to the complainant, the screen of the lap top, mother board of lap top speakers, back panel and key board penal have been damaged.  In case of damage of these spare parts, the opposite party is liable to replace them without cost within warranty period.  But in case of an expiry of warranty period, the opposite party can replace these damaged parts only on payment of the cost.  This complaint came to be filed within 1 year from the date of purchase. The complainant has invested Rs.1,53,990/-.  There is no evidence about manufacturing defect.  Moreover, the complainant has not obtained an expert opinion that dell lap top purchased by him suffers from manufacturing defect.  Under such circumstances, complainant is not entitle for either refund of Rs.1,53,990/- or for replacement of dell lap top. It has been proved that the opposite party agreed to get the system repaid and opposite party is ready to resolve issues.  Under such circumstances, the complainant is entitle only repair and replacement of the parts of the lap top without cost if warranty period is in force.  But, if warranty period is expired, the complainant has to bear the cost of service and replacement of the spare parts.  Therefore, we answer these points accordingly.

9. POINT NO.3:     In view of the discussion referred above, the complainant is not entitle to an order for replacement of product or refund of the cost or for compensation.  However, the complainant is entitle to service of lap top and replacement of spare parts at free of cost if warranty period is in force.  The complainant is liable to pay the cost of the repairs and value of replaced spare parts to the opposite party in case of expiry of warranty period.  We proceed to pass the following;        

     The complaint is disposed directing the opposite party to carry the repair service of lap top and replace the spare parts within 30 days from this date at free of cost, if warranty period is in force.  The complainant shall pay this cost if warranty period is expired.

     The claim of the complainant either for replacement of entire Dell Lap Top or refund of Rs.1,53,990/- with compensation of Rs.50,000/- is rejected.

    Supply free copy of this order to both the parties and return spare copies of the pleadings and evidence to the parties. 

     (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced by the open Commission on 19^th day of FEBRUARY 2021)                                            

            (M.B.SEENA)            (L.MAMATHA)               (K.S.BILAGI)    

//ANNEXURE//

Witness examined for the complainants side:

Sri.Nikhil Jain, who being the complainant has filed his affidavit.

Documents marked for the complainants side:

1. Copy of the damaged parts image,
2. Copy of the Invoice,
3. Copies of the email communication with op on the damage issues and service,
4. Copies of email of OP senior leadership expressing concerns,
5. Copies of email communication with the OP advance resolution group,
6. Annexure A1: Copy of warranty,
7. Annexure A1.1: Case opened for slow wifi,
8. Annexure A2: OP support sends email to install drivers,

And OP installs the drivers and BIOS via remote sharing,

9. Annexure A3: System does not start after shutting down,
10.  Annexure A4: Booked replacement parts Motherboard and Screen,
11.  Annexure A5 & A6: The parts are replaced after 5 days (after few reschedules),
12.  Annexure A7: System damage done by engineer reported to OP and acknowledgement by OP,
13.  Annexure A8 & A9: Photos of damaged parts sent to OP, Images of the parts damaged by OP engineer,
14.  Annexure A10: Escalation sent to OP escalation team by the complainant,
15.  Annexure A11: Damaged parts changed by OP engineer,
16.  Annexure A12: Complainant reported missing screw to OP,
17.  Annexure A13: OP sends the screw for fitting,
18.  Annexure A14: Complainant reports speaker not working issue to OP,
19.  Annexure A15: OP sends engineer to replace the speakers,
20.  Annexure A16: Complainant sends detailed email to OP advanced resolution group,
21.  Annexure A17: OP advanced resolution group response,
22.  Annexure A18: Complainant reports will issue again to OP, OP response for installation of drivers.

Witness examined for the opposite parties side: 

Mr.Abraham Koshy, Authorized Representative Signatory of opposite party has been filed his affidavit.

Documents marked for the opposite party side:

1. Copy of the Terms and Conditions of the warranty,
2. Copy of the email communications with complainant.

     (M.B. SEENA)              (L.MAMATHA)                  (K.S.BILAGI)