District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 323/2022.
Date of Institution:15.06.2022.
Date of Order: 17.04.2023.
Devendra Pratap Singh R/o H. No. 1899, Sector-23A, Faridabad,-121005 (Haryana).
…….Complainant……..
Versus
1. M's Lenovo, Corporate office at -615/15 Sector-15 Part-1, Sector-15, Gurugram, Haryana-122022 Phone No.9262362424 Through its Director/Principal officer.
2. M/s Sysnet Globel Techonlogy Pvt. Ltd Lenovo Service Center GF-4, SCO No. 100, Sector-16, Faridabad, Haryana-121002
…Opposite parties
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Vijay Kumar , counsel for the complainant.
Sh. Ajit Rajesh, counsel for opposite partyNo.1
Opposite party No.2 ex-parte vide order dated 20.09.2022.
ORDER:
The facts in brief of the complaint are that the complainant had purchased Laptop bearing Sr.NoS.PFID7NQ6, model Name S145 from M/s Vijay Sales. Faridabad vide voucher/invoice no HMM-A-SIF262, dated 08-06- 2020 for Rs.31500/- as per guarantee/warranty card, one year replace/free repair warranty of the said laptop. After purchasing of the said laptop, started creating problem in the said laptop of complainant as the Laptop is getting hang and was very slow and complainant approached to the opposite party No.2 for repairing the said laptop and the opposite party No. 2 checked the said laptop and after checking, complainant handed over the said laptop to the opposite party No.2 for repairing the same and the opposite party No.2 after making formalities of repairing, the opposite party used to hand over the said laptop but the complainant always faced problem in the said laptop as hanging "showing not responding. The complainant visited the opposite parties uncounted for this grievances, but the opposite party always made false excuses that the said Laptop is in working condition and complainant would not face any problem in future, but the problem remained same like previous. In this way, the opposite party had sold a manufacturing defected laptop and was not repairable in any manner and hence, the said laptop was lying with complainant as an unutilized box of Rs.31500/-. The complainant sent legal notice dated 02.06.2021 to the opposite party through registered post but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) replace the said laptop with new one with fresh warranty or to refund the said amount of Rs.31,500/- with interest @ 18% per annum from the date of bill till actual realization
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that he had purchased a Laptop bearing Serial No. PFD7NQ6, model name $145 from M/s Vijay sales, Faridabad, vide voucher/ invoice no. HMM-A-SIF262, dated 08-06- 2020 for Rs. 31,500/- but, actually the complainant had purchased laptop for Rs. 31,000/ and had received one-year warranty card not guarantee card. After purchasing of the said laptop, it started creating a problem in the said laptop of Complainant as the laptop is getting hang and was very slow and complainant approached the opposite party, but the opposite party always made false excuses that the laptop was in working condition and complainant would not be any problem in future but there was no records found regarding the complaint of the complainant, the Answering the Opposite Party No. 1 always endeavor to provide excellent sales service and the Authorized Service Centre's were established by the Opposite Party No 1 with the intent of providing such service. Opposite party No.1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Notice issued to opposite party No.2 not received back either served or unserved. Tracking details filed in which it had been mentioned that “Item delivery confirmed”. Mandatory period of 30 days expired. Hence, opposite party No.2 was hereby proceeded against ex-parte vide order dated 20.09.2022.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties–lenova & ors. with the prayer to: a) replace the said laptop with new one with fresh warranty or to refund the said amount of Rs.31,500/- with interest @ 18% per annum from the date of bill till actual realization. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW-1/A – affidavit of Devendra Pratap Singh, Ex.C-1 – Tax invoice, Ex.C-2 – Carry in center Acknowledgement slip,, Ex.C-4 – Service report,, ex.c-4 – legal notice,ex.C-5 – interim reply, Ex.C-6 – Final reply, Ex. C-7 to 9– emails.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Anita Kapoor D/o Mr. K.K.Nair, working as General counsel Director – legal at M/s. Lenovo (India) Pvt. Ltd. Having its registered office at Ferns Icon, IInd floor, Doddenakundi village, Marathhalli, Outer ring Road, Marathhalli Post, KR Puram Hobli, Bangalore, Ex.r-1 – resolution.
7. Admittedly, the complainant purchased Laptop Lenovo Laptop 81MV008TIN (S145) from M/s Vijay Sales. Faridabad vide voucher/invoice no HMM-A-SIF262, dated 08-06- 2020 for Rs.31,000/- vide Ex.C-1. After purchasing of the said laptop, started creating problem in the said laptop of the complainant as the laptop was getting hand and was very slow and complainant approached to the opposite party No.2 for repairing the said laptop and the opposite party No. 2 checked the said laptop and after checking, complainant handed over the said laptop to the opposite party No.2 for repairing the same and the opposite party No.2 after making formalities of repairing, the opposite party used to hand over the said laptop but the complainant always faced problem in the said laptop as hanging "showing not responding. Lodging of several complaints to opposite party vide Ex.C2 ,C3 as well as on email vide Ex.C7 ipso facto go to prove that the laptop in question had a manufacturing defect which was not removed by the opposite party. As such, there was deficiency in service on the part of the opposite party. Hence complaint is allowed.
7. Opposite party No.1 is directed to replace the laptop in question with a new one, of the same price, subject to return the old labtop within 30 (thirty) days from the date of receipt of copy of this order. The opposite party No.1 is also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith R.s.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 17.04.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
