consumer case(CC) No. CC/08/74

ASHISH AGNIHOTRI
...........Appellant(s)

Vs.

CLASSIC COMPUTERS

LENOVO H.O., LENOVO INDIA PVT.LTD.,
...........Respondent(s)

BEFORE:
1. A.RAJESH
2. C.K.LEKHAMMA
3. PROF:PAUL GOMEZ

Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER

O R D E R

A. Rajesh, President.
Put shortly, the facts set out in the complaint are:
On 19-2-2007 the complainant has purchased the lap top Lenovo 5AQ.UUID No. 619554016ddblldh 97 b 1000 23 fea 3878 from 1st opposite party manufactured by 2nd opposite party. In the purchase bill serial number of laptop is not noted. After 2 months the machine started giving problems one after another compelling the complainant to approach service centre of 2nd opposite party at Kanpur. They declined to receive the lap top since the serial number of the gadget was materialized neither in the bill nor on the lap top. Thereafter the complainant approached 1st opposite party for its service. 1st opposite party also refused to accept it for service on the ground that the serial number was seemingly erased because of irregular and negligent use by the complainant. The complainant raised the matter with 2nd opposite party by sending a letter, but no reply was given. Hence the complainant is before us seeking the following reliefs against the opposite parties.

i. Replacement of the lap top with a brand new one.

ii. Compensation of Rs. 15 lakhs.

2. 1st opposite party filed the following objection.

Complainant has purchased the lap top from 1st opposite party. They are only the selling agents of 2nd opposite party for their product namely ‘Lenovo’. It is incumbent upon the 2nd opposite party’s authorized service agents only to provide the after sale service. Accordingly 1st opposite party forwarded the gadget to the authorized service centre of 2nd opposite party namely Lenovo service centre, Kaloor. However they refused to accept it since the serial number borne on the laptop is seen to be erased and advised him to take up the matter with 2nd opposite party the manufacturer. Evenif the bill had contained the serial number the service centre rightly declined to accept the same as it was not possible to identify the machine as the serial number on it was already erased and illegible. Opposite party requests to exonerate them from any liability.

3. 2nd opposite party filed version contending as follows:

The complainant has purchased the machine on 19-2-2007. The complainant took it for repair to the dealer only on 16-10-2007. The complainant used the same for more than 6 months and might have made damage to it. The alleged defects were caused to the lap top due to the negligence on the part of the complainant by using it without making necessary repairs in time as he failed to bring the same to the service centre in time. The complainant out to have verified the gadget to notice at the time of purchase that the serial number on the lap top was properly printed as also the same is properly shown in the cash bill to that extend there is negligence on the part of the complainant. After receiving the machine 2nd opposite party had taken all efforts to solve the grievance of the complainant. But the lap top does not contain the serial number in a readable form due to negligent usage by the complainant in a readable form. The complainant does not disclose what are the actual damage caused to him. 2nd opposite party requests to dismiss the complaint with their cost.



4. Complainant was examined as PW1. Exts. A1 to A3 were marked on his side. No oral evidence was adduced by 1st opposite party, Ext. B1 marked from their side. Witness for 2nd opposite party was examined as DW1. Argument note was filed by the counsel for 2nd opposite party. The complainant appeared in person and the respective counsel for opposite parties were heard.

5. Points that come up for discussion.

i. Whether the complainant is entitled for replacement of the lap top or refund of its price.

Ii. Compensation and cost.

6. Points Nos. i & ii. It is not in dispute that on 19-2-2007 the complainant has purchased the lap top in question from 1st opposite party which was manufactured by 2nd opposite party. It is also not in dispute that the complainant entrusted the system with 1st opposite party for its service.

7. It is note worthy that the complainant does not allege any manufacturing defect in the device. Admittedly 1st opposite party has not mentioned the serial number on Ext. A1 tax invoice. Opposite parties maintain that they were not able to accept the lap top since the serial number on the machine was found to have been erased due to the rash and negligent use by the complainant. We had an occasion to verify the lap top under dispute during the course of the hearing. It was found that the serial number is mentioned in a piece of ordinary writing paper and it looks like the serial number have faded out. We can’t agree with the contention raised by the opposite parties and DW1 that it was the duty of the complainant to see that the serial number is recorded in Ext. A1 tax invoice. 1st opposite party the dealer was duty bound to endorse the serial number in Ext. A1. Instead of admitting the fault, opposite parties have been taking adamant attitude towards a customer who is a student. Moreover they are trying to fasten their liability on the complainant. Further, it is to be noted that the opposite parties denied to the complainant the service of the gadget within the warranty period. Thus the complainant has been deprived of the service which the opposite parties should have provided on free of cost; thereby they have committed deficiency in service. Hence 2nd opposite party or their authorized service centre shall be liable to brighten up the device and also provide one year fresh warranty to the same and also liable to pay compensation to the complainant. Complainant has caused Ext. A3 notice to the 2nd opposite party before lodging this complaint and the same fell in deaf ears and hence they have to pay litigation cost to the complainant.

8. Accordingly, we allow the complaint in part and direct that,

i. 2nd opposite party or their authorized service centre shall refurbish the lap top in question free of charge if the complainant approaches with the same request.

ii. 2nd opposite party shall extend the warranty of the lap top under dispute for one year from the date of this order.

iii. Opposite parties shall jointly and severally pay compensation of Rs. 5,000/-, litigation and cost of Rs. 1,000/- to the complainant.

I have purchased lenovo Y510 in the FEB 2008. My warranty period is over and I was not knowing about the extension of warranty. The problem I am facing with my laptop is the broken hinge along with the bad plastic base at the right side. I have to keep my laptop open like a desktop. This is a company defect which every lenovo Y510 owner is facing. Moreover the company is not giving any attention to the problem. I purchased it in Rs 45,000. I talked to customer care and service centers they asked me to pay Rs 7,000 for the replacement of base and hinge. Why should I suffer for the defect of company. I will spoil the companies image if they are not going to help me out of this problem.
my model number is ABQ0052735. Model Name is Lenovo 7758.
My mob number is 9289375087

Aforeserve Pvt. Ltd. has collected a cheque of rs. 5500/- one and a half year before for on-site extended warranty for 2 yrs. for my Y510 Lenovo laptop. The engineer had given me a receipt then. Now Lenovo is refusing to give service because i do not hav a carepack which Aforeserve should have given me it seems. Aforeverve is now not dealing with Lenovo laptop service is the reply they gave me. Aforeserve has taken up all my money.I complainted so many times to them but they are not paying heed. I need help. PLease help me.

Megha Kamothi
meghakamothi@gmail.com

To
The Customer Service Officer,
Customer Service Cell
Lenovo Corp.

Sir,

It is very fatalistic to tell you that I, Mr Sudipta Das, resident of the city Siliguri, State- West Bengal of India have witnessed the worse service by your authorised service centre. To state in details, I purchased a Lenovo notebook (Lenovo G560, Serial No. 59057054 CBQ4396928, Model Name: 20042) from Maa Tara Digital Computers, Siliguri on 24/05/2011. Till March,2012 I had a great time with your product. But from the first week of April,2012 a problem of Sudden Shutdown started in my laptop. So, on 13/04/2012 I sent it to the authorised service centre "Computek", Siliguri (Ph.03533202645) through the shop I have purchased from and they sent it to Computek on 17/04/2012. On 19th my shopkeeper told me that the RAM has defected and needed to be replaced, but after a long wait on 30th they told that the Mother Board is also to be changed. Then I went to the service centre directly to know about the late and come to know that my Warranty was not updated, which was updated later. But at the same time I have been said that only the Mother Board and the battery needed to be replaced not the RAM. Again I have been given two delivery dates 4th and 5th of May,2012 subsequently by the service centre but the actual delivery has been done on 6th(Sunday) for which I was glad and happy. But I have seen that my laptop is working very slow and the Bluetooth or Wireless Radio button
is totally jammed from then. So, on 13/05/2012 (tomorrow) I made a phone call in the evening to Mr Sangram Sinha who repaired and delivered me the laptop and he has told me to go to the service centre again on 15th or 16th of this month. But suddenly tomorrow at night when I swiched it on for my important works its display was gone. Here my endless patience has ended. Is this the best service I heard of about lenovo?


Now, I will go to the Consumer Forum(Court) and also share my experiences on internet social sites (i.e. Facebook, Orkut especially in my own Group in Facebook named on me and your Company's page) if you do not take any step to fix the problems within 2 days. In fact I was a fan of IBM and Lenovo, and chose it after influenced by hearing about its best services as most of my friends and relatives are using the Lenovo products. Professionally I am a College teacher and have my own Coaching Centre also. I have advised many students and my friends to buy Lenovo laptops and they have purchased. Even the MBA college (IMED, Siliguri) where I used to teach till November,2011 have started to purchase the same Lenovo Laptops (Lenovo G560 320GB model, mine 500GB) for its students after I bought it and advised them to buy it. But now I totally embarrassed for the harazment I have experienced. I had to done all my computer works either going to an Internet Cafe or borrowing my friends' laptops which is very disturbing and disgusting. Dont you think that our time has a value?


I am writing this letter as I still has an affection for this company and hope that your company will make me a satisfied customer again to enable me to continue my reference for your machines. It is sought that your company will replace my laptop with a new one of the same configuration within few days. I will be highly grateful to you if you take speedy
actions and necessary steps within 16/05/2012 as I have Important exams from 24/05/2012, otherwise the next meeting with your company representative will be in the Consumer Court.

Thanking you,

Sudipta Das
College More,
Siliguri,
State-West Bengal,
India
M-9832320044,
8016877517.
E-mail: sudiptadas2609@gmail.com
sudipta_das_slg@yahoo.com

To
The Customer Service Officer,
Customer Service Cell
Lenovo Corp.

Sir,

It is very fatalistic to tell you that I, Mr Sudipta Das, resident of the city Siliguri, State- West Bengal of India have witnessed the worse service by your authorised service centre. To state in details, I purchased a Lenovo notebook (Lenovo G560, Serial No. 59057054 CBQ4396928, Model Name: 20042) from Maa Tara Digital Computers, Siliguri on 24/05/2011. Till March,2012 I had a great time with your product. But from the first week of April,2012 a problem of Sudden Shutdown started in my laptop. So, on 13/04/2012 I sent it to the authorised service centre "Computek", Siliguri (Ph.03533202645) through the shop I have purchased from and they sent it to Computek on 17/04/2012. On 19th my shopkeeper told me that the RAM has defected and needed to be replaced, but after a long wait on 30th they told that the Mother Board is also to be changed. Then I went to the service centre directly to know about the late and come to know that my Warranty was not updated, which was updated later. But at the same time I have been said that only the Mother Board and the battery needed to be replaced not the RAM. Again I have been given two delivery dates 4th and 5th of May,2012 subsequently by the service centre but the actual delivery has been done on 6th(Sunday) for which I was glad and happy. But I have seen that my laptop is working very slow and the Bluetooth or Wireless Radio button
is totally jammed from then. So, on 13/05/2012 (tomorrow) I made a phone call in the evening to Mr Sangram Sinha who repaired and delivered me the laptop and he has told me to go to the service centre again on 15th or 16th of this month. But suddenly tomorrow at night when I swiched it on for my important works its display was gone. Here my endless patience has ended. Is this the best service I heard of about lenovo?


Now, I will go to the Consumer Forum(Court) and also share my experiences on internet social sites (i.e. Facebook, Orkut especially in my own Group in Facebook named on me and your Company's page) if you do not take any step to fix the problems within 2 days. In fact I was a fan of IBM and Lenovo, and chose it after influenced by hearing about its best services as most of my friends and relatives are using the Lenovo products. Professionally I am a College teacher and have my own Coaching Centre also. I have advised many students and my friends to buy Lenovo laptops and they have purchased. Even the MBA college (IMED, Siliguri) where I used to teach till November,2011 have started to purchase the same Lenovo Laptops (Lenovo G560 320GB model, mine 500GB) for its students after I bought it and advised them to buy it. But now I totally embarrassed for the harazment I have experienced. I had to done all my computer works either going to an Internet Cafe or borrowing my friends' laptops which is very disturbing and disgusting. Dont you think that our time has a value?


I am writing this letter as I still has an affection for this company and hope that your company will make me a satisfied customer again to enable me to continue my reference for your machines. It is sought that your company will replace my laptop with a new one of the same configuration within few days. I will be highly grateful to you if you take speedy
actions and necessary steps within 16/05/2012 as I have Important exams from 24/05/2012, otherwise the next meeting with your company representative will be in the Consumer Court.

Thanking you,

Sudipta Das
College More,
Siliguri,
State-West Bengal,
India
M-9832320044,
8016877517.
E-mail: sudiptadas2609@gmail.com
sudipta_das_slg@yahoo.com