Date of Filing:26/08/2015

Date of Order:13/02/2017

ORDER

BY SMT BHARATI. B. VIBHUTE, MEMBER

1.     This is the complaint filed under Section 12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein referred in short as O.Ps) alleging the deficiency in service and prays for direction to the O.Ps to pay a sum of Rs.20,00,000/- towards loss to the complainant due to gross negligence caused by the O.Ps.

2.     The brief facts of the complaint are that, the complainant purchased a Laptop i.e. Dell Insipiron 5521 ( CIS/4/ ITB/2GB/ WIN8) with Additional warranty of 2 years + NBD+2yr CC, for a sum of Rs 56,990/- from O.P No 1 on 29-3-2013 vide invoice No DES/DOMLUR/12-13/660. The complainant submits that since from the date of purchase the said laptop did not work properly because of wrong configuration in the system/machine. Later O.P No 1 exchanged the Laptop* for a new one and also given additional warranty for 2 years+NBD+2Yr+CC for the said Laptop. The complainant further submits that, O.P No 1 failed to update the extended warranty period for the said Laptop, since  from the year 2013 and because of which O.P No 2 and 3 failed to provide service for the said Laptop and asked the complainant to get extended warranty from O.P No 1. The complainant met O.P No 1, 2 and 3 on several times but these O.Ps did not provide appropriate service. The complainant submits that, he sent several e-mails to O.P No 1 to rectify their faulty of extended warranty to the laptop. Further complainant submits that due to gross negligent act of O.P No 1, 2 and 3 complainant suffered a lot and lost his job from the reputed company with salary of Rs 80,000/- per month and O.P No 1,2 and 3 are jointly and severally liable for the loss to the complainant. The O.Ps did not act upon the requirements of the complainant when he asked to upgrade 8GB RAM memory but O.Ps upgraded 4 GB resulting the system to respond slow and failed to install assured configuration and after a lapse of one year the O.Ps gave product key, but it was also wrong and it did not match the actual setting and after several repeated visits the O.P gave a matching key to the complainant and Dell company has accepted their fault in delay of providing product key. The complainant personally sent a letter to O.P No 1 on 8^th May 2015 requesting to provide extended warranty and also complainant got issued legal notice to the O.P but the O.P did not responded to the notice.  Hence this complaint.

3.     Upon issuance of notice O.Ps No 1, 2 and 3 appeared through its counsel and filed its version. In the version it is contended that the complainant purchased laptop O.P No 1 and also purchased 2 year additional warranty. The laptop was originally invoiced on March 18 2013 by the O.P No 3 with 1 TB Hard Drive, 4GB RAM, Genuine Windows 8 and O.Ps contended that there is neither deficiency in service nor any manufacturing defect in the Laptop in question. O.P further contended that the Laptop in question carries a standard warranty of 1 year but however the complainant had purchased 2 years additional warranty. O.Ps contended that that said warranty was not upgraded in time due to some unforeseen reasons. Thought the additional warranty was not updated but the complainant was having proof of the same, therefore the O.Ps have never refused to provide service support. O.Ps had provided service of hard Drive replacement on 14.10.2014 under service request No #901934642. Thereon after verification of the documents the warranty was upgraded. O.Ps further contended that after receiving the notice of the said complainant, the representatives of O.P No 3 contacted the complainant to resolve the issues and informed the complainant that warranty was upgraded and same can be verified on the official website of O.P 3 but the complainant was adamant on compensation. The O.Ps further contended that they have not violated any terms and conditions of the warranty policy and are always ready to provide the services when required by the customers.

4.     In order to substantiate the case of the parties and both parties filed their affidavit evidence and also heard the arguments.

5.      On the basis of the pleadings of the parties, the following points will arise for our consideration is:-

                (A)   Whether the complainant has proved

                         deficiency in service on the part of the O.Ps?

(B)  Whether the complainant is entitled to

      the relief prayed for in the complaint?

(C)   What order?

6.     Our answers to the above points are:-

POINT (A):       In the Affirmative

POINT (B):        In the Partly Affirmative.

POINT (C):       As per the final order

 for the following:

REASONS

POINT No.(A)& (B):-

7.     At the outset it is the an undisputed fact that, complainant purchased a Laptop i.e. Dell Insipiron 5521 (CIS/4/ ITB/2GB/ WIN8) with Additional warranty of 2 years + NBD+2yr CC, for a sum of Rs 56,990/- from O.P No 1 on 29-3-2013 vide invoice No DES/DOMLUR/12-13/660and  from the beginning the said laptop did not work properly because of wrong configuration in the system/machine. Though the complainant has additional warrant of 2 years but the O.Ps did not carry out the service of the Laptop.

8.     Per contra O.Ps contended that, the said laptop carries standard warranty of one year and complainant purchased two years additional warranty and due to some unforeseen reasons the said additional warranty was not updated on time and after verifying the document the warranty was upgraded. Though the additional warranty was not updated but the complainant was having proof of the same, therefore the O.Ps have never refused to provide service support. O.Ps have provided service of hard Drive replacement on Oct 14^th 2014 under service request No #901934642.

9.     The complainant in order to prove this case filed affidavit evidence along with documents and reiterated all the averments made in the complaint.  On perusal of the pleadings of the O.P. wherein O.Ps have admitted that due to some unforeseen reasons they did not upgraded the additional warranty of the said laptop.  This admission of the O.Ps shows that they are negligent in providing service to the customers.  On perusal of Annexure C it reveals that there was some fault in hard drive and solid state drive of the said laptop which was replaced. It is worth to note that when the complainant has purchased additional warranty from the O.Ps, the O.Ps are duty bound to upgrade the warranty within time, the non upgrading of the warranty amounts to deficiency in service on the part of the O.Ps. 

10.   The complainant has not produced any evidence to show that he lost his job due to act of O.Ps and no evidence to show that he was earning Rs 80,000/- per month. In the attendant circumstance the complainant proved deficiency in service on the part of O.Ps. Further the O.Ps are liable to pay Rs 5000/- as compensation to the complainant and Rs 2000/- towards cost of the proceedings. Accordingly we answered the Point (A) in the Affirmative and Point (B) in the Partly Affirmative.

POINT (C):

11.   On the basis of answering the Points (A) in the affirmative & (B) in the partly affirmative, we proceed to pass the following:-

ORDER

1.  The complaint is allowed in part with cost.

2.  Further O.Ps are jointly and severally liable to pay a sum of Rs 5,000/- as compensation to the complainant within 30 days from the date of receipt of this order, failing which O.Ps are directed to pay interest at the rate of 9% per annum on the said amount.

3. Further O.Ps are directed to pay Rs.2,000/- towards cost of the litigation expenses.

4. O.P are directed to comply the order of this Forum within 30 days and submit the compliance report to this forum within 45 days from the date of receipt of this order.

5.  Send a copy of this order to both parties free of cost.

 (Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 13^thDay of February 2017)

MEMBER                 MEMBER                PRESIDENT