DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB          : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 29^th day of September 2023

CC.387/2019

Complainant

Nidhin Mohan,

Nidhi Midhunam (HO),

Kunnathara (PO), Koyiladi (via),

Kozhikode district -673 323

(By Adv. Sri. C.Lalksihore)

Opposite Party

1.          Sri Computer shoppee,

# 53/1, 1^st Main, 5^th cross,

Saraswathipuram,

Mysore -09

2.         REGENERSIS SSS INFOTECH- Mysore,

# 908, Arunachal street, Opp. Zoo,

Next to siddappaji temple, Mysore-10,

3.         Lenovo India Pvt Ltd – Banglore,

Level 2 ferns Icon, Outer ring road,

Marathalli Post, K.R Puram Hobli,

Doddanekundi village,

Bangalore -560037

                  (By Adv. Sri.K.V Omprakash and Adv.Sri. P.Rajeev)

ORDER

By Sri. V. BALAKSRISHNAN – MEMBER

This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

2. The case of the complainant, in brief, is as follows:

The complainant had purchased a Lenovo Legion Y720 Laptop from the first opposite party on 28/07/2017 paying an amount of Rs. 1,49,000/-. Later he found that the Laptop is unfit for his purpose. It stopped working without any physical damage. It was given for service on 18/10/2019 to the second opposite party at Mysore. On the same date itself, it was informed that the internal hard disk had crashed and hard disk could not be repaired. As a result, he lost all important data stored in the hard disk. As there was no other option, he agreed for the replacement of the internal hard disk.

3. After one week when the second opposite party was contacted, he came to know that the repair work was not done. When contacted the service center on the second week, they said that the mother board had to be replaced. The complainant was a final year student of Bachelor of Architecture in Mysore University.  So he was highly in need of the laptop for his academic purpose. Hence he agreed for the replacement of the mother board.
4. On 28/10/2019 he spoke to the Customer Care Agent and they informed that he could collect the Laptop in good working condition on 4/11/2019. On 4/11/2019 he went to the service center. But, he could see the Laptop in the same condition. So the complainant lost trust in the second opposite party and the Laptop was taken back. Since the date of purchase, the laptop has been giving problems to him. First, there was an issue with the display, then the charger and now the internal hard disk and the mother board. As the previous repair attempts had failed, a request for the replacement of the Laptop was made to Lenovo support customer care. On 7/11/2019 he registered a complaint online in Customer Rights Support with docket No. 1724066. On 12/11/2019 he got a reply mail stating the service order number for Reference as 70097554948 from lacharjee@lenovo.com.  Since then the complainant had not received any useful update. So he has approached this Commission to issue   a direction to the opposite parties for the replacement of the laptop with extended warranty period and compensation of   Rs. 4,98,310/- (3,80,000/- for the academic files lost for first semester to 8^th semester, Rs.10,000/-  for other files lost and Rs. 95,210/- for the problems caused for his 8^th semester course, Rs.3,000/- for transport charges, Rs. 100 for court charges and Rs. 10,000/- for time consumption and other problems faced).
5. The first and second opposite parties were set ex-parte.
6. The third opposite party filed written version. Almost all the averments and allegations made and the contentions raised by the complainant are denied by them. The contention of 3^rd opposite party, in brief, is as follows. The complainant failed to produce the copy of invoice. The authorized service center while attending the repair work on 18^th October 2019 had rectified the issue of hard disk (HDD) by fixing the required parts. The loss of or damage to any data stored in the device is not covered by the warranty. Also it was the complainant who had not allowed to fix the Hard Disk Drive Cable as well as replacement of the mother board. No deficiency of service was there on their side. It is, therefore, prayed to dismiss the complaint.
7. The points that arise for determination in this complaint are:

1. Whether the device in question is having any manufacturing defects?
2. Whether there was any deficiency of service on the part of opposite parties, as alleged.
3. Reliefs and costs.

8. Evidence consists of oral evidence of PW1, who is none-other than complainant and Exts A1 to A8 on the side of the complainant are marked. No evidence was let in by opposite parties.
9. Heard.
10. POINT NO. 1 AND 2: The complainant has approached this Commission with an allegation that there was deficiency of service on the part of the opposite parties. PW1 has deposed that he was a B. Arch student in Mysore University at the time of purchase of the laptop and  naturally he was badly  in need of the device for his studies. But within the warranty period itself, the device became defective. According to PW1, there was negligence on the part of opposite parties to repair and service the lap top and their failure to do so amounts to deficiency of service. The unrepairable hard disk of the system caused loss of valuable data stored  in it and the second opposite party failed to retrieve the same,  as a result of which, his studies was adversely affected.    In support of the claim, PW1 has produced Exts. A1 to A8. Ext. A1 is the tax invoice dated 29/07/2017 issued to the complainant by the first opposite party. He had paid Rs. 1,49,000 as the price of the said device. Ext. A1 confirms that the complainant is the purchaser and owner of the Lenovo Y 720 Lap top. Ext. A2 is the pre-repair Carry in Centre Acknowledgement Slip of Lenovo dated 05/10/2018 issued to the complainant. Ext. A3 is the pre-repair Carry in Centre Acknowledgement slip of Lenovo issued on 18/10/2019 to the complaint. Ext. A4 is the warranty check details of Legion Y 720 Lap top. Ext. A5 and A6 are the communication details performed between the complainant and opposite parties regarding repair work of faulty Lap top. Ext. A7 is the complaint details given to the Consumer Right Support.
11. While on scrutinising the above evidence, it is seen that there is nothing to show that the Lap top in question is having any inherent manufacturing defect. From Ext. A2 it is evident that first complainant was lodged only on 05/10/2018, about 14 months after the date of purchase. Also trouble shooting of Lap top was developed then only on 18/10/2019 as per Ext. A3. It can be seen that the complainant was using his Lap top about 26 months from the date of purchase. Moreover, the complainant has not placed on record any technical/ expert report to show that the Lap top in question is having inherent manufacturing defect. For the above reasons, we are of view that complainant is not eligible to get a replacement of the Lap top with a new one as prayed for.
12. According to the third opposite party, Annexure 2 attached to the version filed by them would clarify the customer responsibility for warranty services. It includes proper backup or secure all programs and data contained in the products. So it is the duty of the user of Lap top to save any valuable data or programs in advance in separate hard disk or pen drive and therefore the opposite parties cannot be saddled with the responsibility to retrieve the data in the hard disk. So the complaint’s claim for compensation on the ground of loss of data cannot be sustained.   
13. But at the same time, it may be noted that the complainant had to carry the defective Lap top within the warranty period. The extended warranty expired on 29/06/2020 as per Ext. A4. From Ext. A5 series and A6 Series, it is evident that the complainant was in continuous contact with the opposite parties to get it repaired. It is evident from the copies of the   communications produced by the complainant that hard disk of the Lap top in question was crashed and mother board also became defective since 18/10/2019.   Ext. A7 also reveals the same.
14. On careful consideration and scrutiny of evidence, the inability of opposite parties to rectify the hard disk and mother board are proved beyond any doubt. After having expended a substantial amount for the purchase of the Lap top, the complainant was forced to keep it idle due to defects and neglect on the part of the opposite parties to address the concerns of the complainant over the laptop. The evidence tendered by PW1   that there was failure on the part of opposite parties to attend the repairs/service practically stands unchallenged. There is no contra evidence produced by the opposite parties. The second opposite party, who is bound to answer the grievance of the complainant regarding the deficient service and repair has not turned up to file version.  Gross deficiency of service on part of opposite parties stands proved.
15. The complainant was able to use the Lap top defective free only for 26 months after having expended an amount of Rs. 1,49,000/-. So the inability of complainant to use it further for the remaining life period of the device including the extended warranty period was due to the   negligence and deficiency in service of opposite parties. Also, he had to suffer much during his academic program without Laptop. Hence the complainant should be compensated adequately for the inconvenience and hardship suffered on account of the deficiency in service of the opposite parties. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 75,000/- (Rupees seventy five thousand only) will be a reasonable compensations in this regard.     The opposite parties are jointly and severally liable.       
16. POINT No. 3 In the light of the finding on the above points, the complaint is disposed as follows.

1.  CC 387/2019 is allowed in part.
2. The opposite parties are hereby directed to pay Rs. 75,000/-(Rupees seventy five thousand only) as compensation to the complainant.
3. The order shall be complied with within 30 days from today, failing which, the amount of Rs. 75,000/- (Rupees seventy five thousand only) shall carry an interest of  6% per annum from date of this order till actual payment.   
4. No order as to costs.

Pronounced in open commission on 29^th day of September 2023.

Date of Filing : 26/11/2019

                       Sd/-                                                               Sd/-                                                                  Sd/-

              PRESIDENT                                                    MEMBER                                                      MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 –   Tax invoice dated 29/07/2017 issued to the complainant by the first opposite party. 

Ext. A2 - Pre-repair Carry in Centre Acknowledgement Slip of Lenovo dated 05/10/2018 issued to the complainant.

Ext. A3 - Pre-repair Carry in Centre Acknowledgement slip of Lenovo issued on 18/10/2019 to the complaint.

Ext. A4 - Warranty check details of Legion Y 720 Lap top.

Ext. A5 series and A6 series - Communication details performed between the complainant and opposite parties regarding repair work of faulty Lap top.

Ext. A7 - Complaint details given to the Consumer Right Support.

Ext. A8 – Fee payment receipt of  Mysore University

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 - Nidhin Mohan (Complainant)

Witnesses for the opposite parties 

Nil

                         Sd/-                                                                  Sd/-                                                           Sd/-

                PRESIDENT                                                      MEMBER                                                MEMBER

True Copy,

                                                                                                                                         Sd/-

                                                              Assistant Registrar.