Date of filing: 19-7-2017 Date of Order :3-1-2018
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
WEDNESDAY THE 3rd DAY OF JANUARY, 2018
CONSUMER COMPLAINT No. 60 / 2017
S. Masthan Vali, S/o late S. Abbas Ali,
C/o Al-Rayan Travel Services,
Near Bangalow,
Rayachoty Town and Mandal,
Kadapa District.
R/o D.No.3/113, Masapeta,
Rayachoty Town and Mandal,
Kadapa District. ….Petitioner.
Vs.
- The Proprietor,
Marvel Computer & Laptos,
Sales, Service, AMCS,19/231, Ist Floor,
Y.S.S.R. Complex, S.F.S. street, Opp. to: Gokul Lodge,
Madras Road, Kadapa.
- The Manager, Dell Company,
No.65/2, Bagmane Parin, Bagmane Tech Park,
Bairasandra Main Road, CV Raman Nagar,
Byrasandra, Bengaluru,
Karnataka 560 093. ….. Opposite parties.
This complaint coming for final hearing on 29-12-2017 in the presence of Sri K. Vijaya Krishna, Advocate, Kadapa for Complainant and Sri M.D. Khaleel Ghouse, Advocate, Kadapa for Opposite Party no.1, Opposite party no.2 called absent and set exparte on 29-8-2017, and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Sri V.C. Gunnaiah, President),
1. The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act) to direct the opposite parties to replace the defective desk top system with new one or to refund Rs.43,500/- the costs of computer with interest at 18% p.a. from the date of purchase till realization to pay Rs.25,000/- for deficiency of service to pay Rs.25,000/- towards mental agony and physical strain and Rs.5,000/- towards costs of the complaint to the complainant.
2. The averments of the complaint in brevity are as follows:- The complainant is maintaining a Travel service in the name and style “Al-Ryan Travel services” in Rayachoty. The complainant purchased Dell Company all in one desktop with Core 6th gen processor/4GB Ram/1TB HDD/235screen, Wifi/BT/Dos(UB text) from O.P.no.1 on 18-8-2016 for Rs.43,500/-. O.P.no.2 is the manufacturer of the above said computer the said computer has 11 months warranty from the date of its purchase.. While so, the computer worked properly for 2, 3 months, later trouble started in the system as it was frequently switching of in running mode and in turn it was automatically re starting. While the complainant was booking air ticket through on line he suffered a lot as the system was frequently turned off and restarting. Due to this repeated trouble in the system the complainant felt very inconvenience and the very purpose of purchasing the desk top computer has been totally defeated. The complainants business which was fully based on the operation of the computer was affected adversely.
3) The complainant brought the trouble of computer to the notice of O.P.no.1 and sought for rectification of O.P.no.1 got it serviced by collecting an amount of Rs.500/- though warranty period is in force. Still the trouble in the desk top system has not been rectified and the problem was recurring. Again in June, 2017 the complainant brought to the notice of O.P.no.l1 had he has not responded properly and shown utter negligence in addressing the genuine grievance of the complainant. Thus there is inherently manufacturing defect in the desk top system. The complainant has given legal notice dt. 10-7-2017 to the O.Ps to replace defective desk top system with new one or to refund the cost of Rs.43,500/- with interest at 18% p.a. but the demand was not complied by the O.Ps. The O.Ps caused immensed mental agony to the complainant and there is deficiency of service on their part and they have also caused financial loss to the complainant. Hence, this complaint for the above reliefs.
4) O.P.no.2 remand exparte.
5) O.P.no.1 filed written version/counter. Denying the allegations in the complaint regarding deficiency of service, negligence and defect on his part and is liable to pay compensation as claimed by the complainant and called upon the complainant to prove all of them but admitted the complainant purchased Dell company desk top computer from his shop on 18-8-2016 as pleaded by complainant and brining the desk top to his shop on 29-4-2017.
6) It is further averred when the complainant brought the computer on 29-4-2017 he verified the same and installed the operating system software in the all in one dell computer and again adopts to the complainant to approach the manufacturer who is the opposite party no.2 for calling toll free number as the warranty was given by O.P.no.2. O.P.no.1 when received legal notice on dt.12-7-2017 approached the complainant and advice him to contact the dell customer care toll free no. as the customer only to contact the manufacturer to answer the problem. But the complainant not followed the instructions of O.P.no.1 and not contacted the customer care to get better services. The O.P.no.1 also sent mails to O.P.no.2 on 8-8-2017 and 17-8-2017on behalf of the complainant. The consumer has to approach the manufacturer i.e., O.P.no.2 for any manufacturing defect but not O.P.no.1. There are no bonafieds and filing the case in filing case against O.P.no.1. The O.P.no.1 who is consumer is not liable for any compensation and complaint is liable to be dismissed with exemplary costs as O.P.no.2 they are always ready to service the computer systems.
7) No oral evidence has been let in by the parties. But on behalf of the complainant his affidavit filed and got marked Ex.A1 to Ex.A4 and on behalf of the O.P.s filed documents and got marked as Ex.B1 to B3 are marked and closed their evidence. Complainant not filed written arguments, where as O.P.no.1 filed written arguments.
8) Heard arguments on both sides and considered the written arguments filed by O.P.no.1
9) The points that arise for determination are;
- Where there is deficiency of service on the part of O.Ps as pleaded by complainant ?
- Whether the complainant is entitled for the reliefs if so to what extent?
- To what relief?
10) Points No.1 and 2:- These two points are connected to one another, Hence, there taken up for discussion together for the sake of convenience.
Learned counsel for complainant contended that O.P.no.1 admitted the purchase of computer from him on 18-8-2016 under Ex.A1 bill and issuing Ex.A2 legal notice and also the trouble arised in the computer but the O.Ps failed to rectify the defects in the computer sold to him and caused lot of inconvenience and mental agony apart from financial loss to him due to supply of defective computer, thus the same amounts to deficiency in service and the complainant proved the same, as such he is entitled for the reliefs claimed.
11) On the other hand opposite party no.1 contended in person though he sold the computer to the complainant under Ex.A1 but he is not responsible for the manufacturing defects if any and complainant has to approach O.P.no.2 only and no negligence and deficiency in service on his part. Hence, he is not liable for any reliefs claimed by the complainant.
12)As already noted above O.P.no.2 who is the manufacturer of the desk top computer sold to O.P.no.1 under Ex.A1 bill remand exparte. O.P.no.1 who sold the computer to complainant on 18-8-2016 for Rs.43,500/- under Ex.A1 bill admitted in his pleadings as well as during arguments that he sold the computer to the complainant on 18-8-2016 and issued Ex.A1 bill. According to complainant the above said computer has 11 months warranty from the date of invoice as mentioned there in.
13) A perusal of affidavit of complainant filed in support of his case proved that the problem arose in the computer after 3 months of its purchase by switching off in running mode and was automatically restarting and was unable to book tickets through on line. His affidavit further reveal when he brought the problem to the notice of O.P. he had not properly addressed the same and problem was persisted and not able to rectify by the O.P.no.1 who sold computer to him manufactured by O.P.no.2. According to O.P.no.1 he advised the complainant to approach the customer care of O.P.no.2 who is manufacturer of the computer and get his grievance redressal properly. So, as per O.P.1s opinion that the computer has inherent manufacturing defect. If such is the case O.P.no.1 should not have sold the defective computer to the complainant. O.P.no.1 was also not able to properly rectify the defects pointed out by complainant within warranty period. The toll free no. of O.P.no.2 also not responded when complainant approached. So, no service what so ever has been done to the problems of complainant computer to rectify the same. Though the O.P.no.2 is manufacturer of the computer sold to complainant but the same was sold by O.P.no.1 to the complainant by receiving cash of Rs.43,500/- under Ex.A1 cash bill on 18-8-2016. Therefore both the O.Ps are negligent and there is deficiency in service on the part of O.Ps 1 and 2 towards complainant. As such we hold the complainant proved deficiency in service on the part of Opposite parties no.1 and 2 and they are liable to replace the defective desk top system or to refund the cost of Rs.43,500/-apart from paying sum amounts for compensation for mental agony deficiency in service and costs. But in this case instead of ordering replacement of defective desk top computer with new one to the complainant, it would be better to order for refund of cost of the computer of Rs.43,500/- to the complainant in view of strained feelings between them. Accordingly point 1 and 2 are answered.
14) In the result, the complaint is allowed, directing the O.P.no.1 and 2 jointly and severally to refund Rs.43,500/- (Rupees Forty Three Thousand Five Hundred Only) the cost of desk top system sold to complainant under Ex.A1 bill, and shall also pay Rs.2,000/- (Rupees Two Thousands Only) towards deficiency of service, and Rs.3,000/- (Rupees Three Thousands Only) towards mental agony and Rs.3,000/- (Rupees Three Thousands Only) towards costs of the complaint to the complainant within 45 days from the date of receipt of this order failing which the above amount shall carry interest at 6% p.a. till realization. The complainant shall return the desk top computer sold to him under Ex.A1 bill to O.P.no.1 in the mean time.
Dictated to the Typist, transcribed by him, corrected and pronounced by us in the open forum, this the 3rd day of January, 2018.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined
For complainant : NIL For opposite party : Nil
Exhibits marked on behalf of the Complainant :-
Ex: A1:- Original Cash bill dated 18-8-2016 issued by Marvel computers and
Laptops, Kadapa.
Ex: A2:- Office copy of legal notice dated 11-7-2017 along with postal receipt.
Ex: A3:- Postal acknowledgement.
Ex: A4:- Return cover from O.P.no.2 on dt.18-7-2017.
Exhibits marked on behalf of the Opposite parties: -
Ex:B1:- Xerox copy of service receipt dated 29-4-2017 issued by the First opposite party to the complainant.
Ex:B2:- Copy of email dated 8-8-2017 submitted by the opposite party no.1 to the dell service personnel.
Ex:B3:- Copy of email dated 17-8-2017 submitted by the opposite party no.1 to the dell service personnel.
MEMBER PRESIDENT
Copy to
- Sri K. Vijaya Krishna, Advocate, Kadapa.
- Sri M.D. Khaleel Ghouse, Advocate, for O.P.no.1
- The Manager, Dell Company,
No.65/2, Bagmane Parin, Bagmane Tech Park,
Bairasandra Main Road, CV Raman Nagar,
Byrasandra, Bengaluru, Karnataka 560 093.
& & &
P. R.
