In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.74 / 2010.
1) Shashi Kant Tapuriah,
1, Alipore Park Place, Kolkata-27. ---------- Complainant
---Versus---
1) Sony India Pvt. Ltd.
Regd. office at A-31, Mohan Co-operative Industrial Estate,
Mathur Road, New Delhi-110044 and
KCIPlaza, 6th Floor, 230, Ashutosh Chowdhury Avenue,
Ballygunge Phari, P.S. Ballygunge, Kolkata-19 and its
Service centre at 32, Hazra Road, ManujaTowers,
Ground Floor, Kolkata-29. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 30 Dated 20-08-2013.
The case of the complainant in short is that in Nov. 2008 complainant purchased a laptop VAIO model no.VGN-CS15GN/BE1VGNCS15GN with serial no.7002324 having type of set SAID-SSC. The standard warranty contained in the terms and conditions of the o.p. ‘Sony India Private Limited’ warrantees the product to be free from manufacturing defects for a period indicated on the cover, from the time of its original purchase. This non-transferable warranty is only for him, the first end user. If during this period of warranty the product proves to be defective due to improper material or workmanship, Sony Service Centres / Authorized Service Centres will repair the product free of charge subject to the terms and conditions.
At the later part of May, 2009 the said laptop was discovered to have defective. There was detection of apparent defect in the socket of the headphone and problem in shutting the said laptop. Complainant contacted the service centre of the o.p. at 32, Hazra Road, ManujaTowers, Gr. Floor, Kolkata-29 being within the aforesaid jurisdiction when on 28.5.09 at around 11-00 a.m. the said laptop at the assurance of the o.p. was given to the said service centre of o.p. with a high expectation of the complainant that the said apparent defect in the socket of the headphone and problem in shutting of the said laptop would be cured by the o.p.
At the time when the said laptop was given to the service centre of o.p. in presence of complainant the said apparent defects of the said laptop were checked up by the representative of o.p. for more than an hour and thereafter the service centre had given to the complainant a log information number being 300611500.
Complainant received a call from service centre of o.p. when information was sought to be given that the mother board of the said laptop was broken and it was to be replaced and that the complainant would have to pay Rs.14,000/- to o.p. for the cost of mother board as allegedly the same was not covered under the warranty. It was also informed to the complainant that if the payment not been given to the o.p., the said laptop will not be repaired.
On receipt of the aforesaid information complainant became very much surprised as at the time of giving the laptop on 28.5.09 at 11-00 a.m. to the service centre of the o.p. for repair it was thoroughly checked by the representative of the o.p. and at the time the defects of shutting the laptop and headphone socket was identified and such checking was made for more than an hour and the said representative at that time did not report that the mother board of the said laptop was broken. Furthermore, the delivery of the said laptop was taken from the complainant by the o.p. at 11-00 a.m. on 28.5.09 unconditionally and accordingly the o.p. was bound to return the said laptop perfectly in order.
On or about 3.6.09 the o.p. wrote a letter to the complainant whereby it was alleged that as per the technical report allegedly received from the service engineer of o.p. vide Log no.300611500, the audio jack connection the mother board of the said laptop had been found broken allegedly due to external cause and allegedly thereby violating clause no.8 of Sony India Warranty terms and conditions. By the said letter dt.3.6.09 it was intimated that an estimate of Rs.14,356/- for replacement of the mother board would be required to be given by the complainant and a time was given by the o.p. to the complainant to deposit the said amount for replacement of the mother board of the said laptop. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and on careful scrutiny of the entire materials on record we find that o.p. had sufficient deficiency on their part being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to refund to the complainant a sum of Rs.53,040/- (Rupees fifty three thousand forty) only towards the purchase money of the laptop in question and is further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is directed to return the laptop in question to O.P. , if lying with him within 15 days from the date of full satisfaction of the aforesaid award.
