ORDER

04.12.2024

SH. RAJESH, MEMBER

1. Present complaint has been filed by complainant seeking direction to OP to refund the price of the allegedly defective laptop to complainant along with interest, cost and compensation.
2. It is stated that the opposite party No. 1 having dealership/shop of the opposite party No. 2 and the opposite party No. 2 is a manufacturer of Lenovo Laptop.
3. It is stated that on 09.08.2018 the complainant went to the shop of the opposite party No. 1 for purchasing a new Laptop and accordingly the worker/shopkeeper suggested to the complainant for purchasing the Laptop of Lenovo 81DE00U5IN-I3/4G/IT/W10 by disclosing some new advance features.
4. It is stated that believing upon the words of the opposite party No. 1 the complainant agreed to purchase the said Lenovo 81DE00U5IN-I3/4G/IT/W10 vide Sr. No. PF19RCVA for a sum of Rs. 31,000.00 against the cash invoice no. MT-18-5879 dated 09.08.2018.
5. It is stated that within fifteen days of purchasing the said Laptop, the complainant found that the laptop battery backup just for 2 or 2.5 hours after full charging and starts after 10 minutes of logging in and take 7-10 minutes or more for every application to start the work. The audio sounds are too low, the mouse pad stops working, USB ports not working properly sometime.
6. It is stated that thereafter the complainant approached through email to opposite party No. 2 and the official of opposite party No. 2 without even resolving the issue they closed the SR without even informing to complainant. It is mention here that the official of opposite party No. 2 close the SR without provide any service and informed to higher authorities that we resolve the problem of the complainant.
7. It is stated that after that the complainant again approached to opposite party No. 2 and requested them to repair the said laptop, but no avail.
8. It is stated that the complainant performing all steps as per guidance by official of opposite party No. 2, but the problem was not rectified.
9. It is stated that after that the complainant also approached to opposite party No. 1 regarding this issue, but there is no any proper response from opposite party No. 1.
10. It is stated that thereafter the complainant approached to opposite party No. 2 for replacement of Laptop, but the official of opposite party No. 2 denied for replacement.
11. It is stated that the complainant send so many emails to opposite party No. 2 and requested them to repair/replacement of laptop, but all the requests of the complainant were fallen in deaf ears.
12. It is stated that thereafter the complainant approached several times to the respondents for repair/replacement of his laptop as it is duly   covered and protected with the one year warranty, but they keep on avoiding the matter on the one pretext or the other.
13. It is stated that the complainant had paid hard earned cash amount to the respondents despite that the respondents not replaced the laptop of the complainant, the defect of the laptop is neither removed nor the same is exchanges nor refund the amount of the laptop. The official of respondents only passes the time till warranty period not any proper solution.
14. It is stated that the complainant also approached to consumer helpline on 25.10.2018.
15.  It is stated that on 13.12.2018 the complainant also wrote a letter to opposite party No. 2, but no avail.
16.  It is stated that that the acts and actions of the respondents clearly reflect that there is "deficiency in providing service by the respondents to the complainant".
17. It is stated that it is mention here that the said laptop is still lying faulty with the complainant.
18. It is also pertinent to mention here that the complainant is a MBA student and not able to fill the form through laptop.
19. Complainant has approached this Commission for redresaal of his grievances.
20. Notices were issued to OPs who appeared and filed their respective Written Statements denying the allegations made in the complaint.
21. OP1 stated in its Written statement that the complainant was given said Laptop in sealed pack and new condition by Opposite Party No.1 and complainant was fully satisfied at the time of purchase.
22. It is further stated by OP1 that the present complaint is liable to be dismissed on the ground that there is no prima facie case against the Opposite Party No.1.
23. It is further stated by OP1 the present Complaint has been filed without any cause of action against the Opposite Party no.1 and the same is liable to be dismissed for non-disclosure of the action.
24.  It is further stated by OP1 that there has arisen no cause of action in favor of the complainant to file the present complaint against the Opposite Party 1 and as such the present complaint is liable to be dismissed on tills score alone. The Complainant has failed to state as to how the cause of action arose in its favor for filing the present complaint against the Opposite Party no.1 in the absence of any deficiency on its part.
25. It is further stated by OP1 that the Opposite party no.1 always paid full attention to the valuable customers and as well as to the complaint of the customers therefore, there is no deficiency on the part of the Opposite Party1.
26. It is further stated by OP1 that O.P. No. 1 provided the warranty given by manufacturer and principle service provider and O.P. 02. As manufacturer is right and appropriate party to resolve complaint of the product.
27. It is further stated by OP2 that in the instant complaint is totally baseless, misconceived, not maintainable, untenable and an abuse of the process of the law and liable to be dismissed at the outset. That it is pertinent to mention that at all stages the Answering Opposite Party has endeavored to resolve the grievances the Complainant but the Complainant from the beginning has failed to cooperate with the authorized service centre to resolve the issue.
28. It is further stated by OP2 Here's the transcription of the text in the image:
29. That to address the grievances in relation to the Laptop and to fully satisfy the Complainant, the authorized service centre of the Answering Opposite Party had tried to resolve the grievances of the Complainant initially by giving Trouble Shooting steps to carry out. That on checking with the Complainant it was found out that the Complainant had failed to carry out the trouble shooting steps. That, thereafter, two further calls were logged by the Complainant which had to be closed by the authorized Service Centre as there was no response from the Complainant. The fact that the Complainant is demanding a refund of cost of the Laptop or the replacement of the Laptop is unwarranted. That the averments raised are an afterthought with the intention of harassing and to gain monetary advantage from the Answering Opposite Party. In view of the same, there is no deficiency of service on the part of the Answering Opposite Party.
30. That it is pertinent to mention that since the beginning the Complainant has failed to cooperate with the authorized Service Centre of the Opposite Party to resolve the issue. That the Answering Opposite Party has at all instances tried to resolve the issue in relation to the Laptop of the Complainant but the Complainant has at all instances been delaying the matter. That the Answering Opposite Party has at all instances aimed to address the grievances of the Complainant and the Complaint logged by the Complainant had to be closed by the authorized service centre of the Answering Opposite Party as there was no response from the Complainant.
31. On merits it is stated by the OP2 that the first complaint was logged with the Answering Opposite Party on September 14th, 2018 vide Service Reports bearing SR No. 8011304899 where the authorized service centre of the Opposite Party No.2 had given Trouble Shooting steps to the Complainant to carry out by Remote Access Technique. That the authorized service centre of the OP2 made an attempt to call the Complainant but there was no response. That thereafter the authorised service centre of the Opposite Party No. 2 checked with the Complainant if she had performed the Trouble Shooting Technique provided, which there was no proper response from the Complainant. That as per the procedure, all the service requests are automatically processed for closure by the system within one (1) week if there is no response from the Complainant. A mail was also sent to the Complainant on 29th November 2018 stating that: "A service engineer will be sent to your location to diagnose the machine and help in resolving the issue and hence, requested to co-operate."
32. Further, it is denied by the Opposite Party No. 2 had closed the Service Report without resolving the issue or without informing the Complainant or without providing any service. It is stated that the correct factual position is that two further requests were logged on October 25th, 2018 vide Service Request No. 8012148296 and on November 20th, 2018 vide Service Report No. 8012148296. However, it is pertinent to mention that both the complaints were closed by the authorized Service Centre of the Opposite Party No. 2 as no response was received from the Complainant. Further, it is submitted that if the customer do not respond within a week, the service call which is logged by the complainant gets cancelled. In this case, the complainant never took up interest and kept on delaying the schedule. Hence, there is no deficiency in services as alleged by the complainant. The Opposite Party No. 2 further stated that it always endeavours to provide excellent after sales service and the Authorized Service Centres are established by this Opposite Party No. 2 with the intent of providing such service.
33. In order to substantiate allegations made in the complaint the complainant has also led his Evidence by way of affidavit reaffirming the averments made in the complaint Exb. CW1. Complainant has filed invoice dated 09.08.2016 Exb. CW1/1, Screen Shots Exb. CW1/2, E mails Dated 14.09.2018 Exb. CW1/3, 25.09.2018 Exb. CW1/3, 22.11.2018 Exb. CW1/4, 23.11.2018 Exb. CW1/5, 29.11.2018 Exb. CW1/6,
34. OP1 filed its Evidence by way of affidavit reiterating the averments made in Written Statement Exb RW1.
35. OP2 filed its Evidence by way of affidavit reiterating the averments made in Written Statement Exb RW2. OP2 has filed Lenovo Limited Warranty Exb. RW2/1.
36. We have heard the counsel for the parties perused the record available with us.
37.  As per the facts narrated by the complainant and documents produced by the complainant the gist of the allegations of the complainant is that she was not provided refund of the laptop she purchased from OPs as the laptop was defective.
38. As per the invoice dated 09.08.2018 produced by complainant, the purchase of laptop of Lenovo brand costing of Rs. 31,000/-/- in the absence of any evidence contrary to the same is proved.  
39. The main issue appears to be involved in the present case is whether OPs are deficient in services by not refunding the price of the allegedly defective laptop to complainant.
40. At the outset, we need to determine whether the complainant has successfully demonstrated that the laptop she purchased from the Opposite Parties (OPs) is defective, as alleged in her complaint.
41. At this juncture it is important to reproduce the relevant and applicable terms of warranty placed on record by Opposite Party No. 2. Same has not been denied by the complainant.

How to Obtain Warranty Service:-

If the product does not function as warranted during the warranty period, you may obtain warranty service by contacting Lenovo or a Lenovo-approved Service Provider. A list of approved Service Providers and their telephone numbers is available at: www.lenovo.com/support/phone.

Warranty service may not be available in all locations and may differ from location to location. Charges may apply outside a Service Provider's normal service area. Contact a local Service Provider for information specific to your location.

Customer Responsibilities for Warranty Service

Before warranty service is provided, you must take the following steps:

* follow the service request procedures specified by the Service Provider

* backup or secure all programs and data contained in the product

* provide the Service Provider with all system keys or passwords

* provide the Service Provider with sufficient, free, and safe access to your facilities to perform service

* remove all data, including confidential information, proprietary information and personal information, from the product or, if you are unable to remove any such information, modify the information to prevent its access by another party or so that it is not personal data under applicable law. The Service Provider shall not be responsible for the loss or disclosure of any data, including confidential information, proprietary information, or personal information, on a product returned or accessed for warranty service

* remove all features, parts, options, alterations, and attachments not covered by the warranty

* ensure that the product or part is free of any legal restrictions that prevent its replacement

* if you are not the owner of a product or part, obtain authorization from the owner for the Service Provider to provide warranty service

What Your Service Provider Will Do to Correct Problems

When you contact a Service Provider, you must follow the specified problem determination and resolution procedures.

The Service Provider will attempt to diagnose and resolve your problem by telephone, e-mail or remote assistance. The Service Provider may direct you to download and install designated software updates.

Some problems may be resolved with a replacement part that you install yourself called a "Customer Replaceable Unit" or "CRU." If so, the Service Provider will ship the CRU to you for you to install.

If your problem cannot be resolved over the telephone; through the application of software updates or the installation of a CRU, the Service Provider will arrange for service under the type of warranty service designated for the product under

"Part 3: Warranty Service Information" below.

If the Service Provider determines that it is unable to repair your product, the Service Provider will replace it with one that is at least functionally equivalent.

If the Service Provider determines that it is unable to either repair or replace your product, your sole remedy under this Limited Warranty is to return the product to your place of purchase or to Lenovo for a refund of your purchase price.

42. In this context it is worth to reproduce the E mail dated 27.11.2018 addressed to Sh. Sudhanshu Shukla of OP2 placed on record by complainant herself.

After performing all the steps told to me over the email, I performed them and sent an email with the report on Thursday morning. Then again in the afternoon I called the lenovo team because after performing all the steps the laptop was not even starting there was a blank screen. The person from your technical team told me some steps to perform and still there was no luck after trying them for about 45-50 minutes. The issues I have faced do not have any permanent solution. The battery just lasts for 2 hours and 10 minutes for a fully charged laptop, the mouse pad doesn't works, the sound is extremely low, usb slot, unable to boot and many more. There's not even a one percent improvement after performing the steps being told. Later, he suggested me to visit the service centres both of which are very far from my place! And again I am receiving a call the next day asking about the address for a home visit and then asking me arrange for a backup of my data and also the operating system, to my surprise which was really not my job to do.Along all these calls, I was receiving the emails too to which your team never even waits for the reply and constantly calls several times not even thinking about the other person's schedule! These days you don't receive so many calls in a day from any sim company or even a credit card company.

It is definitely not my job to take the backup of the operating system, the microsoft office that I have, the anti-virus McAfee given by you, the anti-virus Norton which I have installed because the fault is in the laptop.

Earlier I had presented with you the options of either replacing the entire laptop or refunding the money. But now I don't think the replacement option is feasible for either of us. So kindly look for how the refund can be made because now I am definitely going to even keep a replacement with such services provided by the company.

Aakriti

43. The above email addressed compared with applicable terms of warranty clearly shows that complainant has not co-operated the service engineer of OP2 by neither saving data stored in the laptop nor taking the laptop to the service station for the reasons not satisfactory in the opinion of this Commission. Rather complainant is seeking refund of the price of the laptop and not even replacement without leading evidence that same is defective. We are of the view that not adhering to the terms of warranty complainant is not entitled for refund of the price of the subject laptop.
44. Therefore, the Commission believes that the complainant is not entitled to a refund as she did not adhere to the terms of the warranty. Since the complainant has failed to prove the defect in the laptop she purchased, the present complaint is liable to be dismissed. Hence, it is dismissed.
45. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission  on 04.12.2024.

SANJAY KUMAR                 NIPUR  CHANDNA             RAJESH   

PRESIDENT                         MEMBER                        MEMBER