CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.436/2013
MR. K RAHUL
BLOCK NO.10, QUARTER NO.162,
LODHI COLONY,
NEW DELHI-110003
…………. COMPLAINANT
VS.
- M/S SMARTLINK NETWORK SYSTEMS LTD.,
410, 4TH FLOOR, MODI TOWER,
NEHRU PLACE, NEW DELHI-110019
- M/S INTEL TECHNOLOGY INDIA PVT. LTD.,
23-56P, DEVARABEESANAHALLI,
VARTHUR, HOBLI, OUTER RING ROAD,
BENGULURE-560103
………….. RESPONDENTS
Date of Order:04.10.2016
O R D E R
A.S. Yadav – President
This complaint has been filed by Mr. K.Rahul through his father Sh. K. Apparao who has been duly authorized by the complainant to file the present complaint.
The case of complainant is that he purchased an Intel Motherboard manufactured by OP-2 on 21.02.2013 on online through Flipkart for a sum of Rs.2,968/-. It worked for about one week and thereafter it did not work and was taken to OP-1 i.e. authorized service centre of OP-2 on 10.04.2013 but the same was returned without repair/replacement stating “this part does not meet the warranty guidelines”. Complainant made complaints to OP-2 twice but nothing was done. It is stated that it is clear cut case of deficiency in service on the part of OP. It is prayed that OP be directed to refund the cost of the Motherboard i.e. Rs.2,968/- and also pay Rs.45,000/- as compensation and Rs.10,000/- as litigation cost.
OP in reply took the plea that the motherboard is covered by terms and conditions of the Limited Warranty. It is stated that on the receipt of motherboard and on technical examination of the same, it was evident that the defect was induced by the customer, and was not a manufacturing defect. The defect in this case is “Track Cut and Ram Slot Burnt” which is not a manufacturing defect and occurs due to an external cause such as power fluctuations, mishandling and not following correct installation/uninstallation instructions. It is stated that there was no deficiency ins ervidf eont eh aprt of OP.
We have heard Ld. Counsels for the parties and carefully perused the record.
Complainant has specifically stated that at the time of purchase of Motherboard, no specific written documents was provided to him showing warranty period except Bill and one CD. However, as per the information available on their official website, warranty period of said product is three years from the date of its purchase which is valid upto 20.02.2016.
In fact OP is not even sure what was the cause for the defect in the Motherboard as OP-2 has alleged that defect was due to power fluctuation, it was due to customer mishandling, it was due to external cause, it was due to not following correct installation/uninstallation instructions.
So it is evident that OP was not aware what was the cause of defect. In fact in the jobcard OP has not stated that defect has been caused due to any specific reason. Since there was defect in the motherboard, OP was bound to rectify the defect or to replace the motherboard. It is a clear cut case of deficiency in service on the part of OP.
Complainant is entitled for refund the cost of the motherboard i.e. Rs.2,968/- alongwith interest @ 9% p.a. since March 2013. Complainant is also entitled for Rs.3,000/- towards compensation.
Let the order be complied within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
