Date of filing:14.05.2018
Date of Disposal:25.11.2022
BEFORE THE III ADDITIONAL BANGALORE URBAN
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU – 560 027.
DATED THIS THE 25th DAY OF NOVEMBER, 2022
CONSUMER COMPLAINT NO.817/2018
PRESENT:
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SRI.RAJU K.S,
SMT.REKHA SAYANNAVAR:MEMBER
Sri.Parbhakar Morya
Aged about 27 years
S/o Sri Bachalal Morya
Venkatapura Main Road
Koramangala PO,
Bangalore 560 034.
Mob:9988941734/8310636379 ……COMPLAINANT
(Sri Prasad.N Adv. For complainant)
The Manager,
M/s Dell Indian Private Limited
Basement Mail Room,
Divyashree Greens,
Challaghatta Village
Koramangala Inner Ring road
Bangalore-560 071.……OPPOSITE PARTY
(Sri Panch Mukesh.B Adv. For opposite party)
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//JUDGEMENT//
BY SRI. RAJU K.S, MEMBER
The complainant has filed this complaint u/s 12 of the Consumer Protection Act 1986 seeking for the relief of an amount of Rs.3,00,000/- with Rs.5,000/- compensation from the opposite party.
2. The case of the complainant is that on 26.10.2017 he has purchased Dell Laptop model Inspiron 15 7000 Gaming for the sum of Rs.1,20,000/- on instalment basis. Initially he has paid down payment of Rs.40,632/- by card payment and remaining amount has been paid through instalment basis. For that he had borrowed a sum of Rs.70,000/- loan from HDFC Finance which comprised of Rs.6,384.33 monthly instalment. After receiving the Laptop from opposite party the complainant experienced some error and problems while using the Laptop. The complainant has lodged a complaint before the office of the Dell India Private Limited through opposite party. The complainant experienced that on opening the Laptop from sleep mode he could see colour bar screening, and he cannot login every time by long pressing shutdown button. Another issue experienced by the complainant is that while working the Laptop it suddenly gets shutdown without any message either on charging or not charging mode. After some days while watching the video suddenly the video get stopped with disturbing sound and screen get flickering display.
3. These are all defects raised by the complainant while he experienced the issue at the time of using the Laptop. The opposite party also promptly cured the defects whenever the complaint was made to him. On several followup with the Dell executive, the customer executive has suggested to format the laptop. From this format action the issue of video disturbances has not been resolved, only audio disturbance was resolved. The customer care executive of opposite party responded quickly in initial days. But due to format the complainant lost his data and softwares installed apart from company installation. The complainant experienced defects not only in one occasion but in several occasions the laptop shown defects while in using. For that every time he has to raise complaint before the opposite party customer care executives and until resolving the issue the complainant has to wait without his laptop. Admittedly the complainant is a businessmen much depended on the laptop for his day to day affairs for his livelihood. After several experience of defects the complainant raised the complaint to opposite party for replacement of a new laptop or reimbursement of his money paid towards purchase of laptop. For that the opposite party has not heeded the words of complainants. Since every time defects occurred while in using the Laptop the complainant has to raise complaint to opposite party and wait for until the resolving the issue. In this events he lost his precious time and money invested to softwares, and priceless data. Every time he has to approach the customer care and carry the laptop to their service center for repair. From this uneven things the complainant experienced monetary loss and mental disturbance. Finally he sought for replacement of his laptop to a new one or for refund of money. Hence this complaint.
4. The opposite party has filed his version after his appearance and specifically denied the complainant averments. The opposite party has specifically stated that he was ready and willing to address all the grievances of the complainant in accordance with the terms and conditions of warranty. However, the complainant himself refused to get the same checked and raised an unjust and inflated demands by way of compensation arbitrarily without any merits. Further the opposite party states that the product carries a standard warranty of one year from the date of purchase and during the validity of warranty period he promptly attended to resolve the issue noticed by the complainant. Whenever the complainant raised any issues with regard to his Laptop the opposite party resolved the issues without any delay. For any loss of data and softwares the opposite party has specifically stated in conditions of warranty that he is not responsible for the loss of data and software. For that the complainant has to secure his data by providing backups. All the hardware related issues were attended promptly by the opposite party to cure problems. With regard to the video distortion are occurring on account of the buffering of the video and same is only observed while watching online video, and found which was not a hardware issue but was due to internet connectivity. In case of any manufacturing defect the opposite party was ready to resolve the issue. The complainant has made false allegation in order to gain illegal benefit. Hence prayed for dismissal of complaint.
5. Complainant is examined as PW-1 by filing his affidavit and got marked and Ex. P1 to P3 documents. One Abrahm Koshy the authorized representative of oppsite has examined as (RW-1) and got marked Ex. R1 and R2 documents.
6. Both the parties have filed their respective written arguments.
7. On the basis of the pleading and documents, the points that would arise for consideration are as under:
i) Whether the complainant proves the deficiency of service on the part of the opposite party?
ii) Whether the complainant is entitled for the reliefs as sought in the complaint?
iii) What order?
8. Our findings on the aforesaid points are as follows:
Point No.1 : In affirmative.
Point No.2 : Partly in affirmative.
Point No.3 : As per the final order for the following;
REASONS
9. POINT NO.1:- In this complaint it is admitted fact that the complainant has purchased the Dell Laptop Inspiron 15 7000 Gaming manufactured by the Dell India Private Limited for a sum of Rs.1,20,000/-. For that the complainant has paid Rs.40,632/- as down payment on 26.10.2017 and remaining Rs.70,000/- has paid through HDFC finance by paying a monthly instalment of Rs.6,384.33.
10. Since from the date of purchase, the complainant experienced problems on his Laptop on several occasions. In one occasion he saw colour bar on screen while switching from its sleeping mode and cannot login every time without long press the shutdown button. On another occasion the complainant experienced sudden shut down without any message either in charging or not charging mode. After some days he experienced video get stopped with disturbing sounds and screen get flickering display. In another occasion suddenly stop of video and without audio. The complainant has made complaint to the opposite party service center whenever he experienced problem in his Laptop.
11. The opposite party also promptly attended towards cure of defectiveness of the Laptop wherein it related to hardware or software issue. Every time the complainant has to raise complaint before the opposite party whenever he experienced defects in the Laptop. In resolving the issue the complainant has lost his precious data and softwares which was installed by himself. The complainant has followed the instruction of the opposite party whenever instructed in resolving the issue. From this scenario the complainant lost his precious time and mental and monetary loss. Because of this problem with the Laptop the complainant cannot concentrate on his business and use of laptop for his livelihood business. The problem occurred in the laptop was not in one or two times. From the date of purchase the complainant experienced the defectiveness several times. Hence finally he approached the opposite party for replacement of new Laptop or refund of amount paid towards purchase of Laptop.
12. The opposite party specifically contended that he was ready to solve all the grievances of the complainant with regard to his Laptop, in accordance with the terms and conditions of warranty and he alleged that the complainant himself refused to provide the system for complete checking to fix the issue. The complainant arbitrarily raised unjust, illegal demand for compensation or replacement of Laptop. From the averments of Ex. P3 E-mail conversations it appears that the complainant raised several defects of the Laptop on several occasions from the date of purchase. For that the opposite party also promptly responded to fix the issue. Inspite of that the complainant experienced defectiveness of the Laptop while using.
13. Admittedly the complainant has purchased the Laptop in question for his livelihood. One can presume that the complainant had invested his hard earned money for purchase of Laptop by thinking that it is useful and helpful for his livelihood. But here from the day one after purchase of the Laptop complaint experienced problem while using the Laptop. From these problems of the laptop the complainant suffered lot of inconvenience and it affected his livelihood business. In addition to that the complainant experienced mental strain in order to rectify the defects of laptop and made him to reach from pillar to post of opposite party service canter whenever instructed. The complainant demand for replace of defective laptop or refund of money as inevitable even the opposite party ready to rectify the issue as per terms and conditions of warranty. The complainant cannot carry the defective Laptop throughout his life time by providing money to cure the defects. Hence same has to be replaced by the opposite party. Hence we fastened the liability of the opposite party under deficiency of service. Hence we answer Point No.1 in affirmative.
14. POINT NO.2:- That the complainant has spent Rs.1,20,000/- towards purchase of the defective Laptop the same is to be reimbursed by the opposite party with interest at 9% per annum from the date of purchase i.e. on 26.10.2017. In addition to that the opposite party has to pay Rs.20,000/- towards mental agony and inconvenience caused and Rs.10,000/- towards litigation cost. The defective laptop is now in the complainant custody. According to the complainant the laptop cannot be repaired. The complainant shall handover the defective Laptop to opposite party after complying of this order. Hence we answer Point No.2 partly in affirmative.
15. POINT NO.3:- In view of the discussion made above, we proceed to pass the following;
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The complaint is allowed in part.
The opposite party i.e. Dell India Private Limited represented by its Manager/Authorized Signatory is hereby directed to pay a sum of Rs.1,20,000/- to the complainant with interest @ 9% per annum from the date of purchase i.e. on 26.10.2017 till realization.
Further the opposite party has to pay a sum of Rs.20,000/- to the complainant as compensation for mental agony and inconvenience, and Rs.10,000/- towards litigation cost.
The opposite party shall comply the order within 30 days. In case, it fails to comply the order within the said period, the above said amount carries interest at the rate of 9% p.a. from the date of order till realization.
The complainant shall handover the defective Laptop in question to opposite party.
Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 25th day of November, 2022)
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA. K)
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//ANNEXURE//
Witness examined for the complainants side:
Sri Prabhakar Mourya (PW-1), the complainant
has filed his affidavit.
Documents marked for the complainants side:
1: Copy of retail Invoice dt. 26.10.2017.
2: Certificate under Section 65-B of the Evidence Act .
3: Copies of E-mails from Ink Page No.3 to 193.
Witness examined for the opposite party side:
RW-1: Abraham Koshy, Authroized
representative/signatory of opposite party.
Documents marked for the Opposite Party side:
1. Copy of the terms and conditions of warranty.
2. Copy of email conversations.
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA. K)
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