Kerala

Idukki

CC/53/2022

Abhijith L R - Complainant(s)

Versus

The Chif Executive Officer - Opp.Party(s)

15 Sep 2022

ORDER

                                                                        DATE OF FILING : 16/03/2022

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, IDUKKI

Dated this the 15^th day of September 2022

Present :

                     SRI.C.SURESHKUMAR                     PRESIDENT

                     SMT.ASAMOL P.                                 MEMBER                      

                     SRI.AMPADY K.S.                               MEMBER                    

CC NO.53/2022

Between

Complainant                        :  Abhijith L.R.,

                                               Nila (H), Vengalloor P.O.,

                                              Thodupuzha – 685 608.,

                                               Idukki District, Kerala,

                                               Email Id:

                                                                        And

Opposite Party                  : 1 . The Chief executive Officer,

                                                  M/s.Lenovo(India) Pvt.Ltd.,

                                                  Frns Icon.Level 2 Doddenakundi Village,

                                                  Marathahalli, Outer Ring Road, RK Puram Hobli,

                                                   Bangalore- 560 037, Karnataka, India.

                                                   (By Adv.Lissy M.M.)

                                              2 . The Customer Care Manager,

                                                    M/s.Lenovo (India)Pvt.Ltd.,

                                                    Frns Icon.Level 2 Doddenakundi Village, Marathahalli,

                                                    Outer Ring Road, RK Puram Hobli,

                                                    Bangalore – 560 037, Karnataka, India.

                                               3 . The Chief Executive Officer,

                                                     Amazon (India) Pvt Ltd., Brigade Gateway,

                                                     8^th Floor, 26/1, Dr.Rajkumar Road,

                                                     Malleshwaram (W), Bangalore – 560 055,

                                                     Karnataka, India.

                                               4 . The Chief Executive Officer,

                                                     Appario Retail Private Ltd., C/o Yusen Logistics,

                                                     Survey No.2 (part), Ring Road, MR-11,

                                                     Village Pipliya Kumhar,

                                                      Near METRO CASH & CARRY Store,

                                                      Indore, Madhya Pradesh, 453 771, India.

                                                                                                                        (Cont.........2)

-2-                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

O R D E R

SRI.AMPADY K.S., MEMBER      

          Complainant filed this complaint raising the following allegations against the opposite parties. 

          1 . Complainant has purchased a Lenovo Laptop (S540-151-MLD) bearing Serial  XY006PBK, MTM- 81NGOOBWIN) on 22/07/2020 for Rs.1,10,000(Rupees One Lakh and ten thousand only) through Amazon.in network, sold by Appario Retain Pvt ltd., Indore, Madhya Pradesh vide order No.404-9151190-9104318 and he was told that the above product enjoys warranty for one year from the date of purchase. 

          2 . During the warranty period itself, exactly after 4 months, the Laptop started developing a series of complaints one after another and on several occasions he has registered complaints with the authorized service centers by sending e- mails to get the complaints rectified.  Certain major complaints were noticed during the warranty period and immediately thereafter. 

          (a)     The above said product is having a problem with the outer cover which is fitted back side of the screen and hence the outer cover is getting bulged while closing the laptop.

          (b)   Another is with regard to internet connection, a major usage of the laptop.   Being a college student he wants to use internet very frequently which he is not able to do as per daily net limits get reduced rapidly and finished.  In fact, not connecting the laptop to the internet is probably due to an auto update  problem in the system.

3. He is facing a finger print sensor problem with his laptop.  Though he approached many times for repairing it, still the problem exists. 

                                                                                                                     (Cont.........3)

-3-                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

          (d) In June 2021 he sent mail to Lenovo customer care registering a complaint regarding struck/hanging of the laptop during work. They made some changes in the settings but after one month the laptop again failed.  At that time warranty was over.  So there was no help from Lenovo customer service.  After one month he went to the local Lenovo store.  They diagnosed the actual problem, that it is because of the damaged board and processor.  There is no doubt that it was due to the poor workmanship and manufacturing defect.  Due to the lapse on the manufacturer’s side he is incurring monitory loss.  After incurring the amount he is not able to use the system for no fault of him.

          3 . Above problems were caused during the warranty period and immediately there after.   The laptop is beyond repair and rendered useless for his academic and professional use. 

          4 . Legal  notice was sent to M/s.Lenovo showing the problems.  They sent a reply to that.  They ask him for contact details and he provided the same.  No action has been taken by them as communicated in the reply.

          5 . He submits that he purchased the above said laptop spending a very high cost duly attracted by the various features available to it and considering the reputation of the Lenovo make laptop among the public as well as his classmate's recommendations and the after sale services which in his case this did not work.  He is under great mental agony and frustration for being unable to use the laptop for his higher studies and professional use.

          The cause of this action for this complaint arose on 22/07/2020 date of purchase, date of the complaint first occurred at 06/06/2021, date of the complaint second occurred 16/07/2021, and continuously thereafter.

          So he prayed for the following reliefs. 

                                                                                                                    (Cont.........4)

-4-                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

1 . Direct the opposite parties to replace the defective Lenovo Ideapad S-540 of the same specification free from all defects or to refund the price of the product paid by him Rs.79,990.00 along with the interest of 9% per annum from the date of purchase, 22/07/2020 till realization.

2 . Direct the opposite parties to pay compensation of Rs.50,000/- (Fifty thousand rupees only) to complainant for mental agony  and economical loss etc. suffered by complainant.  From the above, it is clear that there is a deficiency in service and unfair practice exercised by the opposite parties.

3 . Direct the opposite parties to pay the cost of this litigation and legal expenses of Rs.10,000/-(Ten thousand rupees only) to complainant.

         Such other relieves as this Honourable Commission deems fit and proper.

          Complainant humbly request to grant the above compensation of Rs.1,39,990/-  plus 9% interest from the date of purchase, may be allowed in the interest of justice.

          As the notice issued to 3^rd opposite party could not be served, the complainant filed application as IA 1/2022 to remove 3^rd opposite party from party array and accordingly they were deleted.

          Even though 1^st opposite party filed vakkalth, no written version is filed. 2^nd and 4^th opposite parties has not appeared or filed written version.

          Complainant appeared in person and he is examined as PW1 and copy of following documents were marked as Exts.P1 to P7.

                                                                                                                      (Cont.........5)

-5-                                                                                                                                                                                                                                                                                                                                                                                                                                                                 

1 . Ext.P1- Downloaded copy of product details.

2 . Ext.P2 – Downloaded copy of invoice No.IN-SIDA-71183 dated 22/07/2020.

3 . Ext.P3 series (8 in numbers) – e-mails forwarded by complainant to premiumcare@lenovo.com &

4 . Ext.P4 – Legal notice dated 30/11/2021 issued on behalf of complainant to CEO/Customer Care Manager, Lenovo (India) Pvt Ltd.

5 . Ext.P5 – Interim reply given by Lenovo (India) Pvt Ltd., through Adv.K.V.Omprakash.

6 .  Ext.P6 – Details sent to the above company as requested in their interim reply.

7 . Ext.P7 – Final reply sent by above company through their advocate to complainant's advocate.

          Complainant is heard.

          We have examined the contentions and perused copy of documents produced.  On a perusal of the same, following points arise for  consideration.

1 . Whether there is any deficiency in service or manufacturing defect as alleged by the complainant?

2 . If so, for what reliefs the complainant is entitled to?

3 . Costs.

                                                                                                                     (Cont.........6)

-6-                                                                                                                                                                                                                                                                                                                                                                                                                                                                

          As third opposite party was deleted from party array on application of the complainant and opposite parties 1, 2 and 4 are absent and set them exparte the complaint is disposed off based on materials availed on records.

Point No.1

          The complainant himself admits that earlier defects happened were rectified by the manufacturer.   Thereafter again the laptop was not working and hung while working.  He states that it was given to the Lenova Center, at Thodupuzha and they found the correct problem of the computer.  They told him that mother board and processor of the laptop is not working but they have not given any service bill to him.  Now the laptop cannot be used.  He has sent legal notice to Lenova Company (Manufacturer) and they gave reply to that.  As per the request in the reply notice he has sent available details to them.  Thereafter they have given final reply, offering to repair Lap top free of cost and 3 months extended warranty.

     On a perusal of the documents and his own depositions it is clear that manufacturer had rectified the defects reported to them on earlier occasions.  In the final reply notice issued for first opposite party it  is  stated in para 2 that first service request was logged on 13/10/2020 which was resolved after creating/ replacing a cover.  In para 3 of the above reply, second complaint was made on 08/04/2021 wherein an issue of finger print was recognized for which the machine was taken on remote to perform few trouble shoot and was informed to keep under observation.  Upon confirmation from the complainant  on 09/04/2021 and 13/04/2021, the call was closed.  Similarly in para 4 of the above reply it is stated that issue of hanging has been noted as per case ID 2002002693032 logged on 14/06/2021 which was also resolved.  On 19^th and 25^th  of June 2021 and the complainant confirmed the issue to be resolved both times.  The service center mentioned by the complainant is not their authorized service center to diagnose the machine.  Authorized service centre is not aware of the complainant's visit to any local Lenovo Store.  First opposite party  has denied any deficiency in service or manufacturing defect in the reply given by them.  Even then they have assured free cost repair in case of any hardware issue and 3 months of warranty extension.

                                                                                                                  (Cont.........7)

-7-                                                                                                                                                                                                                                                                                                                                                                                                                                                               

         But the version of the complainant is that he has informed the opposite party  but they have not rectified it.  On going through the final reply mentioned above, it is seen that first opposite party has rectified the defects pointed out to them.  Moreover, they have offered free cost repair and 3 months extended warranty.  But the complainant has not made any attempt to avail such offer.  He has not produced any evidence to show that he has  entrusted the laptop to Lenovo Center at Thodupuzha.  So his version on this is not convincing.  Even though first opposite party  made the above offer even after warranty period, without availing such service he has proceeded with this complaint.  Another important aspect is that he has not applied for inspecting the laptop at appropriate lab.  Without such a lab report, this Commission cannot enter in to a finding that the said laptop is having any manufacturing defects.  An overall analysis of the version of complainant, it can be seen that he filed this complaint with a motive to claim the price of the product and compensation etc. or to replace the same with a new laptop.  As the complainant has not established any deficiency in service or manufacturing defect, the complaint is found to be devoid of merits.  Hence point No.1 is answered in the negative.

Point No.2 and 3

        In the light of our findings on Point No.1, complainant is not entitled to any reliefs as prayed for.  So point Nos.2 and 3 are found against the complainant.

          In the result complaint is dismissed, however, without any order as to costs.

          Pronounced by this Commission on this the 15^th day of  September 2022.

                                                                                                Sd/-

                                                                             SRI.AMPADY K.S.,   MEMBER                                                                                                                                                       

                                                                                          Sd/-

                                                                  SRI.C.SURESHKUMAR, PRESIDENT                                                                                               

                                                                                                Sd/-

                                                                                 SMT.ASAMOL P.,  MEMBER

                                                                                                                    (Cont.........8)

-8-                                                                                                                                                                                                                                                                                                                                                                                                                                                                

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1- Downloaded copy of product details.

Ext.P2 - Downloaded copy of invoice No.IN-SIDA-71183 dated 22/07/2020.

Ext.P3 series (8 in numbers) - e-mails forwarded by complainant to 

            premiumcare@lenovo.com &

Ext.P4 - Legal notice dated 30/11/2021 issued on behalf of complainant to 

              CEO/Customer Care Manager, Lenovo (India) Pvt Ltd.

Ext.P5 - Interim reply given by Lenovo (India) Pvt Ltd., through

               Adv.K.V.Omprakash.

Ext.P6 - Details sent to the above company as requested in their interim reply.

Ext.P7 - Final reply sent by above company through their advocate to

              complainant's advocate.

On the side of the Opposite Party :

Nil

                                                                                      Forwarded by Order

                                                                                 ASSISTANT REGISTRAR