The case of the complainant, in short, is that the complainant had purchased a SONY VAIO LAPTOP (FNW, 15118, S/N- 7000682) from M/S. GALAXY TRADE COMMUNICATION, COLLEGE HALT, Alipurduar Court vide Bill No. GLX/089/12-13 on 02/08/12 on payment of Rs.56, 250.48 with a warrantee period of one year from the date of purchase. After two month of purchasing this device, the complainant underwent various problems and accordingly he informed this to O.P.No.4 at Alipurduar. However, O.P.No.4 did nothing except showing the complainant to contact with O.P.No.2 at Siliguri. Subsequently on contact with O.P No.2, the motherboard of the device was changed as it was within the warrantee period. The O.P No.2 took the warrantee service coupan and service receipt from the complainant without giving any receipt. On delivery the complainant started to use it but after a few days many problems of similar symptoms had arisen out.
Then the present complainant, contacted Sony Vaio Laptop, main company on internet and according to their suggestion, he sent some photocopies/screenshots of the problems through E-mail but the O.P made response to the effect that the screenshots/photocopies were not cleared to understand. Thereafter, the complainant deposited the Sony Vaio Laptop to the O.P.No.2 at Siliguri but O.P No.2 claimed service charge of Rs.18, 000/- to solve the P.C problem as it exceeds warrantee period.
Afterwards, the present complainant contacted with O.P.No.3 at Kolkata on 06/08/2015 and submitted this Laptop there. But ultimately, even after attending 3 to 4 times the complainant could not collect it from them finally even after paying the service charge of Rs.12, 326/- to O.P No.3.
Hence, the complainant approached this Forum for getting the reliefs for 1) return of price for the Laptop of Rs. 56,250/-, 2) up and down fare three times from residence to Siliguri including others i.e. Rs. 3000/-, 3) up and down fare ( 3 times ) from residence to Kolkata for Rs.5000/- 4) hotel and lodge charge of Rs.13,500/-, 5) service charge out of warrantee Rs.12,326/-, 6) compensation for financial loss/injury/interest due to negligence, 7) return old/previous mother board of the complainant and 8) Rs. 4,00,000/- for harassment/mental pain/agony for several years. Thus, the total claim of the complainant stands at Rs.4, 90,076/- only.
In support of the case, the complainant has filed some documents being Annexure No. 1, 2, 3, 4A, 4B and 5 respectively.
In the instant case O.P No.1, 2, 3 and O.P.No.4 have filed two separate W/V. They denied the material allegations as leveled against them by the complainant.
The O.P.No. 1, 2 and 3 by filing separate W/V alleged that the complainant has filed this case in most unfair manner for illegal enrichment. They admitted that the complainant had purchased a Laptop, in question, on 02/08/2012 and subsequently for the first time he approached O.P.No. 2 at Siliguri on 23/07/2013 due to the defects arisen out i.e. no power in the key board and MBX of the Laptop was replaced free of cost, as the symptoms occurred within warrantee period (Vide Job sheet No. J-131294560) and the Laptop was returned on 26/07/2013.
Thereafter, on 28/11/2014 the complainant approached to the O.P.No.2 at Siliguri alleging some defects as “No Power”. Accordingly, the laptop was inspected (Vide Job sheet No.J- 42986134) and on inspection of a Competent Engineer, it was discovered that the screw of the laptop were missing and the said Laptop was tampered, so an estimate of Rs.18,675/- was given to the complainant for repair of the same, but the complainant refused to accept/approved it. So, the laptop was returned to the complainant on 30/12/2014.
Thereafter, on 01/06/2015 the complainant again approached to O.P.No.3 at Kolkata alleging defects of “No Power” in the said laptop. Their Service Engineer inspected it (Vide Job Sheet No.J-51328029) and detected that MBX (Mother Board) of the Laptop is required to be replaced and accordingly, the complainant duly paid Rs.12, 326/- for repair of laptop as the warrantee period of it exceeds.
It has been further alleged by the O.P that the complainant again approached O.P.No.3 at Kolkata on 06/08/2015 alleging the issue of “battery not detected” in the laptop. The Laptop was inspected thoroughly (Vide Job Sheet No- 51917092) by Service Engineer and found it was an issue of MBX which had been replaced in prior service and the complainant charged for, but the O.P again replaced MBX with the laptop with a new one, free of cost while the same is functioning in perfect condition. But, even after repeated information the complainant has been reluctant to take back the said laptop with an execuse of being busy and unavailable.
In the premises, these O.Ps have alleged that the complainant’s case is baseless. In the situation, the O.Ps did nothing being any deficiency in service. As a result, the O.Ps have prayed for dismissal of the complaint with exemplary cost.
The O.P.No.4 contested the case by filing a separate W/V denying the material allegation alleged by the complainant denying, inter alia, that the complainant is not a consumer under the provision of C. P. Act. The complainant suppressed the material fact for his illegal gain. The complainant’s case is harassing one.
The O.P admitted that the complainant had purchased the laptop, in question, from his shop with an warrantee of one year from the date of purchase and after two months of the said purchase the complainant brought the laptop before him with some minor problem and thereafter, he communicated the information to their Service Centre at Siliguri and the complainant was requested to attend there for providing necessary repair. But, subsequently the complainant did not make any information to him. The complainant besides above did not report any defect about the laptop at any point of time. According to O.P the complainant’s case is false, concocted and manufactured for the purpose of initiation of the complaint. The complaint, according to O.P has been filed after lapse of four years which the period not covered within any warrantee period. The complainant has filed this case on false pretext and hampering goodwill of the business of the O.P.No.4. The O.P.never caused any deficiency in service or he is not entitled to pay any compensation or cost as prayed for.
As such, the O.P has prayed for dismissal of the case with exemplary cost.
The complainant and O.P have filed evidence on affidavit which appears to be the reiterated version of the complaint as well as W/V. The O.P.No.1,2 and 3 have adduced evidence of a Service Engineer viz. Buddhadeb Das. The complainant besides the evidence on evidence filed some documents which have been marked as Annexure-1, 2 (two sheets), 3 (six sheets), 4A (12 sheets), 4B (8 sheets) and 5 (3 sheets).
The complainant and the O.P have filed written argument in respect of their cases.
Heard argument as advanced by the complainant and also from the Ld. Agents of the O.Ps.
In this context, the following points have necessarily come up for consideration to reach a just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(1) (d) (ii) of the C.P.Act, 1986?
- Whether the Forum has jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- To what other relief or reliefs, the complainant is entitled?
DECISIONS WITH REASON
Point No. 1 & 2
On perusal of the material on record it appears that the complainant is residing within the territorial jurisdiction of this Forum as well as O.P.No.4 wherefrom the alleged Laptop was purchased is situated within the territorial jurisdiction of this Forum at Alipurduar. Annexure-1 is cash memo of the purchase alleged Laptop. The amount of money which claims by the complainant appears to be the less than the pecuniary limit of this Forum.
Therefore, we have no hesitation to say that the complainant is a consumer and this Forum has ample jurisdiction to try the instant case.
Point No. 3 and 4
Both the points are taken up together for the sake of convenience and brevity as the same are inter linked each other.
On careful consideration of the argument as advanced by complainant himself as well as the Ld. Agents for the O.Ps and on considering the documents filed by the complainant including pleadings of the parties it is found that the noted below matters are unchallenged answering and rather admitted.
- That the complainant had purchased a Laptop being FNW, 15118, S/N-7000682 on 02/08/2012 on payment of Rs.56,250.48 from O.P.No.4/M/S. Galaxy Trade Communication, College Halt, Alipurduar.
- The warrantee period of the said laptop runs from the date of purchase and it continued one year i.e. up to September, 2013.
- Problems were detected after two months from the purchase in the said laptop and accordingly the MBX (Mother Board) of the laptop was replaced by O.P.No.2/Soni Vaio, Siliguri and removed the defects, free of cost.
- Subsequently the problems were detected on 28/11/2014 and thereafter again on 01/06/2015 and 27/06/2015 but the O.P.No.2 at Siliguri removed it by replacing the MBX of the laptop on receiving a cost of repair amounting to Rs.5000/- + Rs. 7,326/- i.e. totaling Rs.12, 326/-.
- Again on 06/08/2015 defects were detected and MBX of the laptop was replaced.
- In the W/V, the O.Ps have not denied the facts as agitated by complainant in his evidence and in complaint.
- Fact remains that the O.Ps have not denied the grievance of the complainant.
- Fact remains that the complainant has been facing much inconvenience due to problems occurred since its purchase and still it is continuing.
The period of warrantee of laptop (Annexure-1) goes to show that warrantee of the laptop continued one year from the date of purchase i.e valid up to September, 2013.
It further shows that the laptop, in question, was purchased by bill/tax invoice of M/S. Galaxy Trade Communication, Alipurduar. The Job Sheet dated 28/11/2014 and 06/08/2015 go to show that the said laptop deposited to the O.Ps for repair. There are receipts dated 02/06/2015 and 27/06/2015 which appear to be that complainant had paid an amount of Rs.5000/- + Rs. 7,326/- i.e. totaling Rs.12, 326/- for repair.
Practically the O.Ps repaired the Laptop of complainant in lieu of money for repairing works (Annexure-4A).
It is to be pointed out that one Budhha Deb Das has been adduced evidence on affidavit before this Forum who is the Service Engineer of O.P. His evidence goes to show that the said laptop was inspected by him and he replaced the MBX (Mother Board) of the said laptop by new one and the said laptop is now functioning perfect condition. His evidence appears to us that even after repeated communication to the complainant, the complainant reluctant to receive the laptop. Several attempts were made with the complainant to take back his laptop but the complainant informed them with an execue that he is busy, unavailable for the same. Fact remains that laptop is still in Service Centre.
Having heard the Ld. Agent for the O.Ps and the complainant, in person, it appears to us that the laptop since purchase suffered from inherent defects because the Mother Board were replaced on several occasions and at last the O.P replaced MBX, free of cost considering the reputation of the Company.
Be that as it may, it can be said beyond doubt that the defects of the laptop had been occurred repeatedly since its warrantee period. The laptop had become defective and was not functioning at the very beginning of the purchase of laptop.
Therefore, in view of the attending facts and circumstances and on considering all aspects, we think that it would be appropriate if the O.Ps be directed to replace the Laptop and to pay compensation as the complainant is being harassed since the purchase of laptop.
Thus, in view of the above discussion, we are in view that the present complainant is entitled to get relief, but in part.
Thus the complaint succeeds.
The points are determined in favour of the complainant.
Hence, it is,
ORDERED
that the C.C No.10 of 2016 be and the same is allowed in part on contest with cost of Rs.5000/- against the O.Ps.
The complainant is entitled to get a sum of Rs.10, 000/- as compensation for his mental pain, agony and harassment caused by the O.Ps who are jointly and severally liable to pay the same.
The O.Ps are directed to hand over a new laptop in place of laptop, in question, within one month or to refund the purchase price amounting to Rs.56, 250/- to the complainant within one month failing which the O.Ps are liable to pay the said amount of money with interest @ 10 % per annum w.e.f. 02/08/2012 till its full and final payment.
If the O.Ps disobey the present Forum’s order in that case the O.Ps shall have to pay a penalty of Rs.100/- each for each days delay.
Let a plain copy of this Final Order be supplied to the concerned parties by hand/be sent under registered post with A/D forthwith for information and necessary action.
Dictated & Corrected by me
