Tamil Nadu

South Chennai

CC/309/2014

K.Vasuki - Complainant(s)

Versus

The Manager, Reliance Digital Retail Ltd., - Opp.Party(s)

M/s.P.Vinodh Kumar

16 May 2018

ORDER

                                                                        Date of Filing  : 16.07.2014

                                                                          Date of Order : 16.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.309 /2014

DATED THIS WEDNESDAY THE 16^TH DAY OF MAY 2018

                                 

Ms. K. Vasuki,

D/o. Mr. M. Kamaraj,

No.K-10, SIV Colony,

Alangombu Post,

Sirumugai,

Coimbatore District – 641 302.                                     .. Complainant.                                                         ..Versus..

 

1. The Manager,

Reliance Digital Retail Limited,

MECO House,

New No.47, (Old Nos.11 A-1 & 11 A-2),

Anna Salai,

Chennai – 600 002.

 

2.  The Managing Director,

Reliance Digital Retail Limited,

Reliance Corporate Park,

WS 230, Building No.4,

First Floor, ‘C’ Wing,

Thane Belapur Road,

Ghansoli,

Navi Mumbai – 400 701.                                        ..  Opposite parties.

          

Counsel for complainant         :  M/s. P. Vinodh Kumar & another

Counsel for Opposite parties  :  Mr. K. Ravikumar

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking to replace the defective Laptop into a new one or to refund  Rs.37,962.47 being the cost price of the laptop to the complainant with a sum of Rs.8,00,000 - towards compensation for mental agony, hardship, unfair trade practice and deficiency in service and to pay the cost of the complaint.

1.    The averments of the complaint in brief are as follows:

The complainant submits that she purchased a DELL INSPIRON 14 Laptop on 19.08.2012 from the 1^st opposite party for a sum of Rs.37,962.47 with an extended warranty for two years.  Within a short period, the laptop developed some software and keyboard problems, which was informed to the 1^st opposite party on 09.02.2014.  The 1^st opposite party could not find proper solution for the problem and requested the complainant to handover the laptop and two DVDs for service.   Further the complainant submits that, the service person informed that the laptop will be returned within two days after rectifying the defects.  When the complainant met the service person to get back the laptop she was directed to come after one week.   Evenafter a lapse four months, the 1^st opposite party never bothered to rectify the defects and handover the laptop.  The executives of the 1^st opposite party later informed the complainant that the laptop have some manufacturing defects and it could not be rectified.  Hence the complainant requested to replace the laptop.  Since the opposite parties have not come forward to replace the laptop, even after repeated requests and demands the complainant was constrained to issue legal notice dated:02.05.2014.  The opposite parties received the complainant’s legal notice but neither chosen to reply nor comply the demands of the complainant.   Further the complainant submits that the opposite parties have admitted that the laptop having motherboard problems and the same should be replaced.    Since the opposite parties have not taken any steps for replacement, the complainant was constrained to file this case before this Forum for the deficiency in service.  

  2.   The brief averments in the written version filed by the opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same. The opposite parties admitted that the complainant purchased a DELL INSPIROM 14 Laptop from the 1^st opposite party on 19.08.2012 which is most reliable and secured highest demand Laptop with a warranty of two years and proper service centre to attend the complaint.  After 1½ years i.e. on 09.02.2014, for the complaint regarding software and the keyboard problem, 1^st the opposite party made preliminary check  up and informed the complaint and handed over the Laptop establishes the reasonable service provided to the complainant.  Further the opposite parties state that, the alleged complaint was cropped up in the Laptop and handed over to the complainant after two days.   But the complainant refused to take the laptop stating that the service is not satisfied.   Further the opposite parties state inspite of several reminders and requests over phone by the 1^st opposite party as well as the service centre and also through e-mails, the complainant failed and neglected to collect the laptop from the service centre of the opposite party for the reasons best known to her.  Therefore, there is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A5 are marked.  Proof affidavit of the opposite parties filed and no documents filed and marked on the side of the opposite parties.

4.     The points for consideration before the Forum is :

1. Whether the complainant is entitled to replace the defective laptop alternatively refund to a sum of Rs.37.962.47 as prayed for?
2. Whether the complainant is entitled for a sum of Rs.8,00,000/-  towards compensation for deficiency in service, mental agony and unfair trade practice with cost as prayed for?

5.     On point:-

Heard both sides.  Perused the records namely the complaint, written version, proof affidavits, documents etc.   The complainant pleaded and contended that she purchased a DELL INSPIRON 14 Laptop on 19.08.2012 from the 1^st opposite party for a sum of Rs.37,962.47 with an extended warranty for two years is admitted. Ex.A1 is the Purchase Bill and Ex.A2 is the Warranty Card.  Within a short period, the laptop developed some software and keyboard problems, which was informed to the 1^st opposite party on 09.02.2014.  The 1^st opposite party could not find proper solution for the problem and requested the complainant to handover the laptop and two DVDs for service.   Ex.A3 is the job card.  Further the complainant contended that, the service person informed that the laptop will be returned within two days after rectifying the defects.  When the complainant met the service person to get back the laptop she was directed to come after one week.   Even after a lapse of four months, the 1^st opposite party never bothered to rectify the defects and handover the laptop.  The executives of the 1^st opposite party later informed the complainant that the laptop have some manufacturing defects and it could not be rectified.  Hence the complainant requested to replace the laptop.  Since the opposite parties have not come forward to replace the laptop, even after repeated requests and demands the complainant was constrained to issue legal notice as per Ex.A4.   

6.     Further the complainant contended that the opposite parties have admitted that the laptop having motherboard problems and the same should be replaced.    Since the opposite parties have not taken any steps for replacement, the complainant was constrained to file this case for the deficiency in service.    Further the complainant contended that during the course of argument, the opposite party came forward to settle the matter by replacing  the laptop with Model 5570, 8^th generation I 5 with the following specifications:-

“8GB RAM, 1TB HDD,

2GB Graphics,

15” Screen,

Windows-10,

MS-Office Loadings”.

The opposite party also brought a laptop in this open Forum wherein some specifications were not available.  Hence the settlement wrecked and the matter has been argued on merits. 

7.     The learned Counsel for the opposite parties contended that the question of replacement of alleged defective Laptop with a new one with specifications demanded by the complainant or to refund a sum of Rs.37,962/- towards the price of the laptop does not arise.  Equally, the compensation of Rs.8,00,000/- claimed towards compensation for mental agony, hardship, unfair trade practice and deficiency in service also never arise.  But admitted that the complainant purchased a DELL INSPIROM 14 Laptop from the 1^st opposite party on 19.08.2012 which is most reliable and secured highest demand Laptop with a warranty of two years and proper service centre to attend the complaint.  After 1½ years i.e. on 09.02.2014, for the complaint regarding software and the keyboard problem, 1^st the opposite party made preliminary check  up and informed the complaint and handed over the Laptop establishes the reasonable service provided to the complainant.  Further the contention of the opposite parties is that, the alleged complaint was cropped up in the Laptop and handed over to the complainant after two days.   But the complainant refused to take the laptop stating that the service is not satisfied.  But the opposite parties have not produced any documents  to prove such contentions.

8.     Further the contention of the opposite parties is that the defects in the laptop can be rectified but nothing has been done till date.   On the other hand, during the course of oral arguments, the opposite party has admitted to provide with the said configurated laptop and brought one laptop before this Forum.  But on some ground i.e. the accepted versions are not available in the laptop produced in this open Forum proves the attitude of the opposite party.  Considering the facts and circumstances of the case this Forum  is of the considered view that the opposite parties is directed to replace the laptop with a new laptop agreed to give at the time of oral argument namely “8GB RAM, 1TB HDD, 2GB Graphics, 15” Screen, Windows 10, MS-Office Loadings” alternatively the opposite parties are directed to pay sum of Rs.37,962  towards the cost of the Laptop and compensation of Rs.20,000/- with cost Rs.5,000/- to the complainant. 

In the result, this complaint is allowed in part.  The  opposite parties 1 & 2  are jointly and severally liable to replace the said Laptop with a branded new Laptop which was agreed to give at the time of oral arguments namely “8GB RAM, 1TB HDD, 2GB Graphics, 15” Screen, Windows-10, MS-Office Loadings” within one month from the date of the receipt of this order or to pay the cost price of Rs.37,962/- (Rupees thirty seven thousand nine hundred and sixty two only) of the DELL INSPIRON 14 Laptop and to pay a compensation of Rs.20,000/- (Rupees twenty thousand only)  for mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 16^th of May 2018. 

 

MEMBER  I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	19.08.2012	Copy of receipt issued by the 1st opposite party
Ex.A2		Copy of the extended warranty issued by the 1st opposite party
Ex.A3	09.02.2014	Copy of Job Sheet issued by the 1st opposite party
Ex.A4	02.05.2014	Copy of legal notice issued by the complainant
Ex.A5		Copy of acknowledgement cards

 

  

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

 

MEMBER  I                                                                      PRESIDENT