By Sri. Chandran Alachery Member:-

The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite parties to return the value of the laptop purchased by the Complainant by taking back the instrument, to pay Rs.1,50,000/- as compensation and cost of the proceedings.

2. Complaint in brief:- The Complainant purchased a Lenova Flex -14 Laptop from 2^nd Opposite Party on 31.10.2014 for a sum of Rs.50,300/-. After purchase, the Complainant have feeded all the datas required for his research works in the laptop and went back to Italy for attending his works. But the laptop was functioning defectively and the display in the laptop was fully lost. The Complainant tried to contact the opposite Parties but failed. Later, the Complainant contacted the service centre and entrusted the devise to the service centre. But after the elapse of weeks together, the Complainant could get back the laptop but was showing the same defect. As per advice, again it was given to the service center by suffering heavy loss as transportation. The product was having one year service warranty and it was extended to a further period of 2 years as per the request of complainant. The non functioning of laptop affected the research work of Complainant. The Complainant was forced to purchase another device by spending Rs. 68,000/- inorder to continue his research work and study. Aggrieved by this, the complaint is filed to redress the grievances.

3. On receipt of complaint, notices were issued to the Opposite parties and the Opposite Parties appeared before the forum and filed version. In the version of 1^st Opposite party, 1^st Opposite Party contended that the defects are due to the improper use of laptop. But inspite of it, the Opposite Parties serviced the device free of cost and also replaced Mother Board free of cost. When the complainant brought the device again, the authorised service centre adviced the Complainant that the power board and the DC cable needs replacement and it will be done free of cost. But the Complainant denied availing free replacement and insisted only a replacement of laptop or refund of the cost of laptop. As per terms, replacement comes only when no repair is possible and refund arisen only when repair and replacement is not possible. Here, the Opposite Party duly serviced the laptop free of cost and offered free part replacement in the second instance as per warranty conditions. Service warranty is attended by a further period of 2 years as admitted by the complainant. There is no deficiency of service from the part of 1^st Opposite party. In the version of 2^nd Opposite Party, 2^nd Opposite Party contended that the Complainant has not informed the alleged defects to 2^nd Opposite Party and 2^nd Opposite party denies the defects alleged in the laptop. The complainant has not taken any steps to prove any manufacturing defect in the laptop. This Opposite Party always ready and willing to perform as per warranty conditions. The Complainant is not entitled to get any compensation and there is no deficiency of service from the part of 2^nd Opposite Party.

4. On perusal of complaint, version and documents the forum raised the following points for consideration.

1. Whether there is any deficiency of service from the part of Opposite Parties?

2. Relief and cost.

5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 to A15. Laptop is marked as MO1. Commission Report is marked Ext.C1. 1^st Opposite Party not adduced oral evidence. 2^nd Opposite Party filed proof affidavit and 2^nd Opposite Party is examined as OPW2 and Ext.B1 is marked. Ext.A1 is the power of attorney, Ext.A2 is the retail invoice, Ext.A3 is the warranty details, Ext.A4 is the warranty certificate, Ext.A5 is the SI certificate, Ext.A6 is the copy of certificate, Ext.A7 copy of repair status, Ext.A8 is the repair status send by the Opposite Party to the Complainant, Ext.A9 is a G-mail complaint reply send by the Opposite party to the Complainant, Ext.A10 is another G-mail complaint reply, Ext.A11 is the another G-mail complaint reply, Ext.A12(a) is the another G-mail complaint reply, Ext.A12 (b) is the issue resolution confirmation, Ext.A13 is the modulo dichiarazione Di Vendita, Ext.A14 is the copy of lawyer notice issued to the Opposite Party by the Complainant, Ext.A15 is the reply to lawyer notice, Ext.A16 is the notice of advertisement, Ext.B1 is the authorisation of 1^st Opposite Party. The case of Complainant is that the laptop purchased by him from the Opposite Party become defective after a few days of purchase. The laptop was given for service during the warranty period and the Opposite Parties repaired it and replaced the mother board. The Opposite Party admitted this fact also. The case of Complainant is that even after repair, the problem still existed and the laptop is not in working condition. The Commissioner inspected the laptop and filed commission report. In the report the Commissioner stated that the battery of laptop is drained and problem found on mother board and related hardware of system. Now the lap top is not working. On analysing the evidence and records, the Forum found that even if the mother board of the laptop is replaced once, the problem in mother board and related hard wares still exists. So the defects in the laptop is inherent defect and it cannot be rectified in service. Even if the mother board replacement and repair is done by the Opposite Party free of cost the defect again repeated in the system. So the Forum is of the opinion that intermittent Complaints in a new laptop especially during warranty period can be considered as a manufacturing defect. In the deposition of OPW1, OPW1 deposed that he do not know whether the laptop have any manufacturing defect or not. OPW2 admitted that the Ext.A16 advertisement is given by them. OPW1 again deposed that in Ext.A3 warranty card the name of Italy is shown in the Part-3 warranty service information and service to the laptop can be availed at Italy also. OPW1 deposed that he had not given any objection to the Commission report. 1^st Opposite party is the manufacturer of the laptop and 2^nd Opposite Party is the dealer. The Complainant availed service from Italy where the 1^st Opposite Party have authorised service centres. Relying of Commission report, the Forum found that the defects in the laptop are still existing and there is deficiency of service from the part of 1^st Opposite party and its service centres in curing the defect. Since 2^nd Opposite Party is only a dealer, there is no deficiency of service from the part of 2^nd Opposite Party. Point No.1 found accordingly.

6. Point No.2:- Since point No.1 found in favour of Complainant, the Complainant is entitled to get cost and compensation.

In the result, complaint is partly allowed and the 1^st Opposite arty is directed to pay Rs.50,300/- (Rupees Fifty thousand Three hundred) only to the Complainant towards the value of MO1 laptop. The 1^st Opposite Party is also directed to pay Rs.3,000/- (Rupees Three thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the proceedings to the Complainant. On deposit of the above amounts before the forum by the 1^st Opposite party, the 1^st Opposite party can take back the MO1 laptop from the Forum. 1^st Opposite party is directed to comply the order within 30 days from the date of receipt of this order failing which the Complainant is entitled to get 12% interest for the whole sum.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 24^th day of November 2017.

Date of Filing:06.04.2016.

PRESIDENT : Sd/-

MEMBER : Sd/-

/True copy/

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witnesses for the complainant:

PW1. Celinamma. Oversear, PWD, Bathery Building Section.

CW1. Shihabudheen. Head of Dept. Computer Engineering, Kerala

Government Poly Technique College, Kozhikode,

Witness for the Opposite Parties :

OPW1. Aneesh. S M Software Computer shop Manager, Bathery.

Exhibits for the complainant:

A1. Special Power of Attorney.

A2. Retail Invoice. dt:31.10.2014.

A3. Warranty Details.

A4. Copy of Lenovo Warranty Offer – 2 year Warranty Extension Certificate.

A5. Copy of Certificate. dt:04.08.2015.

A6. Copy of Copy of Certificate. dt:04.08.2015.

A7. Copy of Letter. dt:05.03.2015.

A8. Copy of Letter. dt:06.03.2015.

A9. Copy of Letter.

A10. Copy of Letter. dt:23.11.2015.

A11. Copy of Letter.

A12(a) Copy of Letter.

A12(b) Copy of Issue Resolution Confirmation.

A13. Copy of Modulo Dichiarazione Di Vendita.

A14. Copy of Letter. dt:27.01.2016.

A15. Letter. dt: 04.01.2016.

A16. Notice of Advertisement.

C1. Inspection Report. dt:20.06.2017.

MO1. Laptop.

Exhibits for the Opposite Parties:

B1. Authorization. dt:25.09.2017.