Order-10.
Date-25/05/2015.
Complainant Surajit Bhowmick by filing this complaint has submitted that op no.1 is a manufacturer house and op no.2 is an authorized seller of the op no.1 and op no.3 is authorized service provider of op no.1.
Complainant purchased a Sony SVE 1511 AEN/B LAPTOP from op no.2 on 27.12.2012 vide Cash memo No. KG/CM/07577/12-13 for Rs. 29,100/- with warranty of one year from the date of purchase. Subsequently complainant extended warranty period further for two year on payment of Rs. 2,490/- to op no. 3 and op no.3 has issued receipt No. SER/17601 dated 12.12.2013.
After purchase of the said Laptop, complainant was facing problem to use the Laptop as the Laptop got slow in motion and sometime started abnormal delay in booting and shut down of the machine, complainant informed over phone and the said problems to op no.2 on around last week of June 2013 and op no.2 informed some trouble shootings advised and accordingly complainant installed antivirus system in the machine but no result rather it stated further big problem in the machine, when press the start button of Laptop, it is not starting and screen of Laptop shows blank and dark. Complainant further informed the op no.2 and this time op no.2 advised the complainant to take the Laptop in their service centre and complainant visited op no.3 on 24.07.2013 and advised the complainant to deposit the Laptop against job receipt dated 24.07.2013 for servicing and repairing etc.
Thereafter servicing on 21.08.2013 from op no.3 it is found that op no. 3 changed the Key Board of Laptop. Thereafter complainant found that same type of defect of the laptop and visited op no.3 and op no.3 deposited the Laptop for servicing and issued a job receipt dated 29.10.2013. Thereafter complainant received the Laptop again after servicing on 21.11.2013 from op no.3 and found that this time also op no.3 changed the Key Board of Laptop. Thereafter complainant found further defect on Laptop on 01.09.2014 and went to op no.3 again for servicing the laptop and op no.3 issued a job receipt on 01.09.2014.
But complainant lost about 120 working days in a year for the sake of servicing of the Laptop properly. Under such circumstances complainant has to face continued humiliation, harassment and mental agony without fault of his own and he did not get proper service in respect of Laptop and such sort of activities on the part of the op no.3 is no doubt unfair practice. So, it was reported to the Assistant Director, ESRO, Kolkata – 54 for redressal and AD advised the complainant to approach legal Forum for his redressal and grievance for which ultimately for the negligence and deficient manner of service and also for unfair trade practice, this complaint is filed for redressal.
In this case notices were duly served upon the ops from the Forum as per Internet Postal result and subsequently M/s. Sony India Pvt. Ltd., submitted in writing that no doubt the set had come for service thrice for keyboard and they had taken care of it and op no.1 assured and requested the customer to use the product and they also assured that they shall give proper service of the product. But exchange or refund for this product is not possible and accordingly they prayed for kind understanding before the Ld. Forum in this regard. But they assured that best services and support always shall be given by them and this reply was submitted by Soma Bose, Customer Relations-East, Customer Centric Division, Kolkata.
But other ops have not appeared to contest this case. In the above circumstances, the complaint is taken for final decision.
Decision with reasons
On proper consideration of the complaint and the written version of M/s. Sony India Pvt. Ltd. op no.1, it is clear that complainant purchased the said Laptop from op no.2 Great Eastern Appliances Pvt. Ltd., on 27.12.2012 on payment of Rs. 29,100/- and initially warranty period was for one year from 27.12.2012 to 26.12.2013. But within the first warranty period, complainant extended that warranty for another two years from 26.12.2013 to 25.12.2015. But undisputed fact is that after purchase on 27.12.2012 in the month of June- 2013, complication started and it was deposited to the op no.3 vide job receipt dated 24.07.2013 and it was repaired. But again complication was detected. So, it was deposited on 29.10.2013. But thereafter it was reported on 21.11.2013 by op no.3 after servicing but same type of defect was further detected on 01.09.2014. So, it was further deposited to op no.3 on 01.09.2014 and after that it was repaired.
But practically no proper care was given and it was not properly repaired and complainant has failed to use the said Laptop though warranty period is still continued and no doubt within the one year from the date of purchase (27.12.2012) up to 01.09.2014 on three or four occasions several type of defects were detected. But defect could not be detected by the ops though warranty period is there and Laptop was purchased for the purpose for getting proper service. But it is true that only about 120 working days the laptop did not work as it was in the service centre for repairing and ultimately ops failed to give any proper service to the complainant.
From the warranty provision by sending a letter dated 23.04.2015 on behalf of Sony India Pvt. Ltd. submitted by the op no.1 that it is not fault of the key board and practically they assured and requested to use the product as it is. But there is no question of exchange or refund for dispose up. So, they shall have to give proper service and support always. But truth is that no support is given in view of the fact and always problem was detected and which is proved and admitted by the op and lastly when complainant went to the op no.3, the service centre of op no.3, they did not give any service and in such a situation complainant prayed for exchange and refund of the product as it is.
At the time of hearing the arguments, the authority of Sony India Pvt. Ltd. was present who submitted that the said product is out dated. So, it is impossible to repair it properly for want of parts. Fact remains that Laptop was purchased just on 27.12.2012 and thereafter at the relevant time Sony India Pvt. Ltd. sold a Sony SVE 1511 AEN/B LAPTOP from op no.2 on 27.12.2012 vide Cash memo No. KG/CM/07577/12-13 for Rs. 29,100/- with warranty of one year from the date of purchase to the complainant. But it was not servicing properly. Nowadays it has become a practice of the Laptop manufacturer to clear their out dated laptops by selling the same through the dealers. But at the time of selling it is not noted that it is out dated laptop and parts are not available.
In this case lastly we asked the authority of Sony India Pvt. Ltd. what is the position of the laptop if it is not possible to give proper service, in reply they said that in fact that sets are out dated and for which it is impossible to give proper service because parts are not available. Considering the above admission of the ops’ engineers and authority we are convinced to hold that there is no scope of repairing of the said laptop because out dated laptop it was but even then it was sold and such sort of activity on the part of the op nos. 1 & 2 is no doubt unfair trade practice and no doubt by selling out dated laptop to the complainant by op no.2 is no doubt a deceitful manner of service and trade for which invariably complainant must have to get back it.
Another factor is that the defence as made by the op, that they have given proper service and support to the complainant in future as per warranty period is completely a hoax when it is out dated laptop and parts are not available in the market. So, such sort of warranty is a false assurance. So, op made false submission for which we are convinced only to settle the matter anyway by convincing the Forum that they shall have to give service and support is nothing but to deceive the complainant and that is the motto of the ops which is also proved.
So, considering that fact, it is found that no doubt the consumer is deceived by the op nos. 1 & 2 and in the above circumstances, invariably op is entitled to get return of the entire amount of Rs. 29,100/- from the op nos. 1 & 2 and in the above circumstances invariably complainant is entitled to get return of the entire amount of Rs. 29,100/- that if within one year laptop is sent to service centre for repairing and servicing, then it is clear that such laptop has some manufacturing defect for which one after another parts are repaired but not changed and no one can believe that one shall have to purchase a out dated Sony Laptop at a cost of Rs. 29,100/-. In fact Sony India Pvt. Ltd. deceived the customer in such a manner and it is taken in to account very seriously as a deceitful manner of trade.
But on the other hand it shall kept in our mind that protection of the consumer is a main task before a Forum when complainant is deceived by the seller and manufacturer and in the present case it is proved that complainant is deceived by the manufacturer and seller including the service provider op no.3. So they can legally liable for refunding the entire amount after receiving the out dated and defective laptop from the complainant. On proper evaluation of the entire materials and findings and relying upon the materials we are inclined to hold that the complainant is entitled to get relief when complainant has proved the unfair trade practice against the op nos. 1, 2 & 3 for selling such out dated laptop and also for not giving proper service and also for the negligence and deficient manner of service even after existence of warranty period on 23.04.2015 and further for causing mental pain and agony and sufferings, complainant is entitled to get compensation etc.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 5,000/- against the ops jointly and severally.
Ops are jointly and severally hereby directed to refund the entire amount of Rs. 29,100/- the price amount of the laptop within one month from the date of this order to the complainant along with litigation cost of Rs. 5,000/- and op shall pay entire decretal dues and shall collect the said laptop from the complainant in open Forum within one month from the date of this order failing which penal damages at the rate Rs. 200/- shall be assessed against ops jointly and severally till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.
Even if it is found that ops are unwilling to comply the order, in that case, penal action shall be started against them for which they shall be imposed further penalty and fine.
