DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

                                        ISBT KASHMERE GATE DELHI

CC/ 312/2016

No. DF/ Central/

RAMESHWAR ARORA

(Doctoral Student At Indian Institute Of Management Indore)

B-7/ 6c, Ashok Vihar, Phase-3, Delhi -110052
                                                                                   ……..COMPLAINANT             

 VERSUS

                               
1.ASUS Technology Pvt. Ltd,

4C, Supreme Chambers, 17/ 18, Veera Desai Road, Industrial Area, Andheri West, Mumbai, Maharashtra 400072

2. Shree Maruti Electronics,

17, Lower Ground Floor, B.D. Chamber

10/54, D.B. Gupta Road, Karol Bagh, New Delhi-110005)

                                                                                                …..OPPOSITE PARTIES

                                                              ORDER                                       

Rekha Rani, President

1. Sh.  Rameshwar Arora ( in short the complainant) filed  the instant complaint  U/s 12  of the Consumer Protection Act 1986 as amended  upto date (in short the Act) stating therein that  he is a 3^rd year doctoral student at IIM, Indore. On 01.10.2014 he purchased one ASUS Laptop with serial number – E5N0CV197328209 Model – X550LDXX082D  from  Shree Maruti Electronics (in short OP2) vide credit card statement  dated 8.10.2014 annexed with the complaint as Annexure -2. He purchased two years extended warranty and one year damage warranty from OP2.  Since March 2016 complainant has been facing problems with the battery of the said laptop which was not functioning properly. He contacted service center and customer care operators of ASUS Technology Pvt. Ltd (in short OP1) in April 2016  who brought to his notice that OP2 did not  provide information about “Login ID” and “Contract Code”  which was required to activate the extended warranty .    

       OP2 did not inform the complainant about terms and conditions even when complainant repeatedly asked OP1 about the same on several occasions.  In April 2016 customer care operator of OP1 informed the complainant that it was fault of OP2 that he did not tell about correct procedure of availing additional warranty to him.

OP2 charged a sum of Rs. 1250/- on the pretext of one year damage warranty and has failed to provide proof of activating the laptop. OP2 further charged a sum of Rs. 1080/- on account of credit card swiping charges. Both the OPs are guilty of providing  deficient  services. Hence the complaint seeking  direction to  OPs to refund him the amount paid by him i.e. Rs. 54,000/- and Rs. 10,000/- as compensation for causing mental agony and harassment.

2. On receipt of notice the instant  complaint both the  OPs appeared and filed their reply separately.
3. OP1 in its written statement has denied accrual of any cause of action against it. It is also stated that the extended warranty has already been activated.
4. OP2 vide its written statement has also stated that extended two years warranty has already been provided and as such the complaint is not maintainable. It is also stated that complaint has been filed only to extract money from OP2. It is further stated that complainant did not visit at all the shop of OP2. He only contacted OP2 through various e-mails.  It is also stated that charges have been paid by the complainant as per rules.
5. Both OPs adduced evidence by way of affidavits. Complainant has not filed proper affidavit in his evidence.
6. We have heard  complainant in person and Sh. Brijesh Johar counsel for OP1 and have perused the case file.    
7. Complainant has stated in his complaint vide Annexure 2, which is statement of account issued by HDFC Bank,he paid an amount of Rs. 55,080/- to OP2. It may be noted that the said statement indicates that payment was made to Keshav Electronics whereas he has not made Keshav Electronics as a party. He has made Shree Maruti Electronics as a party. Further perusal of the complaint clearly shows that his main grievance is against OP2. He has stated that OP2 did not provide information to him about “Login ID” and “Contract Code”  which was required to activate the extended warranty. He has also alleged that OP2 did not inform him of  the correct procedure for availing extended warranty. He has also blamed OP2 for charging Rs. 1250/- on account of one year damage warranty and Rs. 1080/- on account of Card swiping charges illegally, refund whereof is sought along with the purchase price of the laptop.
8.  Complainant has made the payment to OP2. It is pertinent to mention here that complainant has already settled the matter with OP2  as is indicated in the order of the predecessor bench of this forum dated 20.07.2017. He has already received Rs. 18,000/- from OP2  by stating that he has settled his claim with OP2 and now nothing survives in his complaint against OP2. He made payment to Keshav Electronics who is not a party. He has already settled the matter with OP2. OP1 as well as OP2 in their reply have stated that extended warranty has already been activated which fact was not denied by the complainant who appeared and argued in person.
9. In view of the aforesaid observations the complaint is dismissed. Copy of this order be sent  to the parties as statutorily required. File be consigned to record room.

     Announced on this 3^rd   Day  of  May  2018.