By: Smt. Mini Mathew, Member
Facts in brief
Complainant purchased one Sony Laptop (E series model SVE 1511 B11 W, product name SVE 15113 ENWIN5) from the 2
Complainant submits that after six months from the date of purchase the Laptop was not functioning properly. Complainant had spent huge amount for repairing the Laptop. Complainant is a widow, purchased the Laptop by spending huge amount with an intention to improve and help the educational activities of her son.
After accepting the sale consideration opposite parties did not care to provide proper service to the complainant. Several times she had gone to the authorized service centre of 'SONY' at Kochi. From the very beginning itself the Laptop is not functioning properly . All the defects occurred during the warranty period. Hence this complaint.
After receiving notice from this Forum opposite parties entered appearance and filed their version by denying all the allegations in the complaint.
Opposite parties contented that the complaint is silent about the the serial number and date of purchase of the Lap top. Even after repeated demands complainant did not furnish the serial number, copy of service job sheet to the opposite parties and more over the complainant never approached the opposite parties.
According to them the complaint lacks merits and bonofides and the same is not maintainable before this Forum and that the allegation made in the complaint is frivolous and hence it is liable to be dismissed.
The main points to be considered are:-
(1) Whether there is any deficiency in service and unfair trade practice committed by the opposite parties?
(2) If so relief and cost.
For the sake of convenience all the points are answered together
In order to substantiate the case of the complainant she filed her proof affidavit and the documents she produced were marked as Ext. A1 to A8. Opposite parties filed their counter affidavit. No documents were produced by them.
Heard both sides.
The evidence placed before this Forum by the complainant would show that she purchased a Laptop manufactured by the 1st opposite party on 31/8/12 for Rs.32700/- from the shop of the 2nd opposite party. Ext. A2 is the Invoice for the sale of the Laptop. Ext. A3 to A6 would prove that the Laptop was given for repair by the complainant to opposite parties. The case of the complainant that the Laptop was defective and it was given to the opposite parties for repair within the warranty period. Since it was not repaired properly it had to be entrusted to the service centre of opposite parties again for the purpose of repair.
The keypad of the Laptop was changed once and again the Laptop became defective and the complainant entrusted the same to the service centre of the opposite parties for repair and from there they demanded Rs.5000 as repair charges. The complainant was reluctant to pay the said amount as the defects were noticed during the warranty period.
The affidavit submitted by the opposite parties does not have a consistent case. The complainant is able to prove that the Laptop she purchased from the opposite parties was defective and it had certain defects and opposite parties did not care to cure those defects. Even after repeated repairs complainant noticed certain defects to the Laptop. It is not function properly.
We find that they sold a defective Laptop to the complainant. This, definitely amounts to deficiency in service and unfair trade practice for which they have to compensate the complainant.
For the forgoing reasons we allow the complaint. Both opposite parties are jointly and severally liable.
The opposite parties are directed to pay Rs.32700/- to the complainant being the cost of the Laptop and Rs.10000/- compensation for the inconvenience and hardships suffered by the complainant along with the cost of Rs.5000. The order shall be complied within one month from the date of receipt of copy of this order. After paying the above said amount to the complainant the 2nd opposite party is at Liberty to take back the Laptop from the complainant. If the above said amount is not paid to the complainant within 30 days the opposite parties are liable to pay interest at the rate of 12% per annum from the date of this order.
Dated this 28th day of February , 2017.
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A8
Ext.A1 : Installation service coupon
Ext.A2 : Retail invoice
Ext A3 : Product Repair sheet, Retail invoice/cash Memo
Ext A4 : Job sheet
Ext A5 : Retail invoice dated 23/6/2016
Ext A6 : Estimate
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1
Ext. B1 : Certified true copy of the resolution adopted by the board of directors of 1st opposite party.
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
