By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to return Rs.39,800/- which is collected from the complainant towards price of Laptop and also direct the opposite parties to pay compensation of Rs.25,000/- and cost of Rs.10,000/- to the complainant.
2. Brief of the complaint:- The complainant purchased a laptop of Dell company on 04.06.2015 from the 1st opposite party for a sum of Rs.39,800/-. 3rd opposite party is the manufacturer of laptop. 2nd opposite party is the distributor of Dell company. The complainant purchased the laptop for project work and when tried to operate the bluetooth was not working. The complainant approached opposite party No.1 with laptop and as per direction, the complainant registered a complaint at Dell customer care. When the complainant used the laptop for 3 hours, it got overheated and automatically stopped. The service persons could not service it properly. The Executive of the Dell customer care examined the laptop and told the complainant that it is defect of OS(win 8.1) and instructed the complainant to reinstall the laptop and forwarded the OS over phone and given instruction through phone. But even after the installation also the same problem continued. It continued on several occasions. The complainant could not attend the work properly due to the defect of laptop. Since the heat zink was not working properly, the hardware part were replaced. 3 times heat zink was replaced, two times mother board was replaced, hard disk was replaced once, operating system was replaced 5 to 10 times. Even then, the same problem continued. The opposite parties were not ready to attend the problem. The act of opposite parties are clear deficiency of service from their part. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notices were issued to opposite parties and the opposite parties appeared before the Forum and filed version. In the version of opposite party No.1 and 2, they contented that the complainant had not impleaded the real distributor ie International Marketing company Cochin as party. The purchase of laptop is admitted by the opposite party No.1 and 2 on 04.06.2015. Whenever the complainant demanded service, it was provided by the opposite parties. Opposite party No.1 and 2 contented that there is no deficiency of service from the part of opposite party No.1 and 2. In the version of opposite party No.3, opposite party No.3 contented that opposite party No.3 is an unnecessary party in the proceedings. Opposite party No.3 contented that there is no deficiency of service from their part. The alleged laptop was originally sold by opposite party No.3 to the distributor and the complainant purchased it through local seller. The complaint with regard to bluetooth was only a software issue and the same was resolved without any hardware change or replacement of any parts. The hardware of the said laptop was working properly and was not having any manufacturing defect. Opposite party No.3 had specific customer care number and the complainant not approached through customer care. When a complaint is registered, the opposite party No.3 takes all possible measures to rectify the defect at the earliest. The reinstallation of operating system was done only to rectify the software related issue and was not done with regard to overheating issue. The overheating issue also got rectified after replacing the heat zink. It was done in warranty terms free of cost. No hardware related issue is found in the laptop. But due to repeated demands, as a goodwill, the opposite party No.3 replaced the motherboard and hard disk. Thereafter the laptop was working fine. As stated in the complaint, the problem with laptop arisen only after using the same for more than 3 hours. There is no deficiency of service from the part of opposite party No.3.
4. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and Ext.A1 to A11 documents were marked. Laptop is marked as MO-1. Opposite parties witness filed affidavit and opposite parties witness is examined as OPW1 and Ext.B1 document is marked. Ext.A1 is the Purchase Invoice, Ext.A2 is the Request Mail copy, Ext.A3 is the OS installation Kit 1st details, Ext.A4 is the Repair Order Form Heat Zink, motherboard. Ext.A6 is the Repair order Form Heat Zink, Motherboard. Ext.A7 is the OS installation Kit 2nd Details, Ext.A8 is the Anti-virus Results. Ext.A9 is the Online hardware test details, Ext.A10 is the Reduced Warranty period Anti-virus details. Ext.A11 is the Reduced Warranty period laptop details. Ext.B1 series are the Repair Order Forms dated 03.08.2016 and 10.08.2016.
6. The case of the complainant is that the bluetooth of laptop was not working initially. More over, when the laptop is in working for 2 to 3 hours continuously, the laptop got overheated and automatically stopped the working. The company technicians could not do the service properly and could not rectify the defect. 3 times heat zink was replaced, hard disk was replaced once, operating system was replaced 5 times and Driver Software were replaced 5 to 10 times. Even then the same problem continued. The complainant could not use the facility of wifi system also. On verifying Ext.A4 document which is a repair order form dated 15.09.2015, it is seen that the Dell company service person found the issue with overheating, replaced heat zink. Ext.A5 is another Repair Order Form dated 10.01.2015, wherein the service person found issue with overheating, bluetooth and camera. Checked and replaced motherboard, heat zink. Ext.A6 is the Repair Order Form dated 11.04.2015, wherein it is found that the issue of overheating is there, automatic powering on, checking and replaced motherboard, heat zink, hard disk, installed OS. On verifying Ext.A4 to A6 documents, the Forum found that even after replacing heat zink, the same problem continued in the laptop and the opposite parties service man failed to rectify the defects finally. The opposite party No.3 admitted in version that there was bluetooth issue and it was resolved. Opposite party No.3 admitted that the reinstallation of operating system is done to rectify software issue, replaced motherboard, hard disk, and driver software replaced. The MO-1 laptop was inspected by opposite party's Service Engineer and Ext.B1 Report filed. In Ext.B1, it is reported that there is damage in laptop and the LCD system had a crack on the top right side. The laptop had several scratches and also one among the back cover screw was missing. This Service Engineer who filed Ext.B1 report was examined in the Forum as OPW1. In the cross-examination of OPW1, OPW1 deposed that the scratches and missing screw etc will not affect the working of laptop. He again deposed that the break seen in the screen of MO-1 will not affect the wifi system also. In this case, the complainant not taken steps to appoint an Expert Commissioner and to examine the laptop to prove any manufacturing defect in MO-1 laptop. There is no expert opinion before the Forum regarding any manufacturing defect. Ext.B1 Report is filed by the Dell company's Service Engineer and therefore Ext.B1 cannot be taken into consideration for determining the manufacturing defect. Since the complainant not proved any manufacturing defect in the laptop, the Forum cannot order for the replacement of laptop or return of purchase price.
7. On going through the Ext.A4 and A6 documents, the Forum found that the MO-1 laptop had continuous problems even after replacing parts severally. The problem arosed in the laptop was in warranty period also. The Forum found that the opposite party No.3 failed to rectify the defects completely and finally so as to make the laptop in proper working condition. The Forum found that the act of opposite party No.3 is a clear deficiency of service from their part. Opposite party No.1 being the distributor have no role in the service of laptop. Point No.1 is found accordingly.
8. Point No.2: Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party No.3 is directed to rectify all the defects as stated in Ext.A4 to A6 documents by replacing parts if necessary at free of cost and make the laptop in proper working condition. The opposite party No.3 is directed to take the laptop from the Forum after informing the complainant and opposite party No.3 is directed to rectify the defects within 15 days and handover the same to the complainant. Opposite party No.3 is also directed to pay Rs.10,000/- (Rupees Ten Thousand) as compensation and Rs.5,000/- (Rupees Five Thousand) as cost of the proceedings to the complainant. Opposite party No.3 shall comply the Order within 30 days from the date of receipt of this Order. Failing which the complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 13th day of March 2018.
Date of Filing: 11.03.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Subash. Stress Management Trainer, Veterinary University,
Pookode.
Witness for the Opposite Parties:-
OPW1. Sreenoj. Service Engineer, TVS Electronics, Ernakulam.
Exhibits for the complainant:
A1. Purchase Invoice. Dt:04.06.2015.
A2. Copy of Request Mail.
A3. OS installation Kit 1st Details.
A4. Copy of Repair Order Form.
A5. Copy of Repair Order Form.
A6. Copy of Repair Order Form.
A7. OS installation Kit 2nd Details.
A8. Anti-virus Results.
A9. Online Hardware Test Details.
A10. Reduced warranty period Anti-virus details.
A11. Reduced Warranty period of Laptop details.
Exhibits for the opposite parties:-
B1(Series). Repair Order Form(2 Numbers) and Examination Report.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
