Delhi

East Delhi

CC/970/2013

SANJAY GARG - Complainant(s)

Versus

SONY INDIA - Opp.Party(s)

27 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110092

C.C. NO. 970/13

Shri. SANJAY GARG

R/O- 4/1997 STREET NO. 16

VISHWAS NAGAR

SHAHDRA

1448859.  

                                                                                                                        ….Complainant

•  

 

M/S SONY INDIA PVT. LTD.

OFFICE AT NO. 1 DAYANAND VIHAR

VIKAS MARG EXTENTION DELHI-110092

ALSO AT:

A-31, MOHAN COOPERATIVE INDUSTRIAL

ESTATE, MATHURA ROAD

NEW DELHI-110044

                                                                                                                          ….Opponents

 

Date of Institution: 01.11.2013

Judgment Reserved for: 27.04.2017

Judgment Passed on: 28.04.2017

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. This complaint has been filed u/s 12 of the Consumer Protection Act by          Shri Sanjay Garg against M/S Sony India Pvt. Ltd. (OP), praying for directions to OP to pay Rs.25,000/- for delay in repair & causing harassment for deficiency in services and indulging in unfair trade practice, and direction to the OP to return the Lap-top of the complainant.
2. The facts in brief are that the complainant purchased SONY VAIO Laptop for an amount of Rs. 54,000/- from M/s Pactor System (I) Pvt. Ltd., on 09/06/2010 with 3 years warranty. On 30/08/2013, the complainant approached SONY INDIA Pvt. Ltd., Service Centre with the problem of malfunctioning of USB Port for which Jobsheet was issued. On 03/09/2013, complainant was informed that the hard disk of the said Laptop was to be replaced for which Rs.22,000/-  were to be paid by the complainant. Despite repeated requests the Laptop of the complainant was not returned. It is stated in the complaint that when Laptop was handed over to the service centre the Laptop was in working condition and the complaint was only with respect to the malfunctioning of USB Port. The grievance of the complainant was not addressed, therefore, the present complainant.
3. The complainant has annexed warranty conditions and retail invoice dated 09/06/2010 as Annexure C-1 (colly), service Job Sheet dated 30/08/2013 as Annexure C-2 along with complaint.
4. OP filed their reply upon the notice of the present complaint, where they took the plea that the Laptop of the complaint was lying with them since 07/09/2013 after undertaking the Job as per Job Sheet. Despite several oral and written communications dated 23/11/2013 and 13/11/2014 the complainant failed to collect the repaired Laptop which was repaired as per the Job Sheet. Rest of the contents of the complaint were denied. Letter dated 13/01/2014 and 23/11/2013 for request of collection of the Laptop by OP were annexed with their reply.
5. Evidence by way of affidavit was filed by the complainant where he examined himself and deposed on oath the contents of the complaint and reliance was placed on the Annexures annexed with the complaint.
6. OP examined Ms. Meena Bose, officer M/s Sony India Pvt. Ltd, who reiterated the contents of the written statement and relied on Ex. OPW1/1 board resolution, letters issued by OP to the complainant Ex. OPW2/1 (colly).
7. We have heard the Ld. Counsel for the complainant and have perused the material placed on record. The complainant has annexed Job Sheet dated 30/08/2010 which bears “USB Port Problem set received with Batt”. However letter written by the OP to the complainant on 23/11/2013 which is after the filing of the present complaint seems to be to just create a defence. As the Laptop is still with OP, the OP is directed to handover the said Laptop to the complainant in working condition within 15 days from the date of order. The complainant is also directed to pay the charges, if any as per the warranty terms & conditions. We award compensation of Rs. 7,500/- as the OP has failed to deliver the repaired Laptop to the complainant. If the said order is not complied within 15 days from the date of receipt of this order, then OP shall be liable to pay interest on Rs.7,500/- @ 9% per annum from the dated of order till realization along with repaired Laptop.

Copy of this order be sent to both the parties as per law.

 

 

(P.N. TIWARI)                                                               (HARPREET KAUR CHARYA)              

   MEMBER                                                                                        MEMBER

 

                                         (SUKHDEV SINGH)

                                               PRESIDENT