DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)
GOVT. OF NCT OF DELHI
CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92
ABHINAV KUMAR …… ……………. …………..COMPLAINANT
C/O ALOK KUMAR
1.DELL SERVICE CENTRE …… …………….. ……….. OP-1
GROUND FLOOR, C-II-17
2.CARE MANAGER …….. …………….. ………………OP-2
DELL INDIA PVT LTD
DATE OF SUBMISSON-13.08.2012
DATE OF ORDER-05.06.2013
Brief facts of the case is that on 23.08.2010 complainant purchased Op’s laptop computer for Rs.42,200/-. He also paid Rs.2700/- for purchase of additional full warranty cover for the laptop. As per complainant he started getting problem in the working of the laptop within 7 months of its purchase. Op could not set it right even after several attempts. The laptop completely stopped working on 15.06.2012. On inspection by Op, the service engineer intimated that the motherboard, CMOS system and auto jack etc has completely failed and could not be repaired. Complainant took up with Op for replacement but inspite of promises they did not resolve his grievances. Complainant further claims that he came to know that there was some manufacturing defect in the particular model of the laptop in question and OP have discontinued manufacturing the model. Complainant prayed to this Forum to direct Op to pay the cost of the laptop viz Rs. 42,200/- along with complete cover charges of Rs.27,00/- and a compensation of Rs.48,000/- for the harassment caused.
On filing of the complaint, notices were issued to OP’s and Op’s submitted joint written statement refuting the claims of the complainant. They mentioned that the laptop in question was purchased on 20.08.2010 for Rs. 42,199.81/-. The complete care warranty was also purchased on 28.09.2010 for a sum of Rs. 2699.53/-. As per Op the complaints made by the complainant were well attended. They had offered to have the system fixed or provide a system replacement with a refurbished system but complainant has refused for the same. They are still ready to resolve the issue as per the terms and conditions of the policy.
Complainant filed rejoinder to the WS of OP refuting their allegations and also filed his evidence by way of affidavit reiterating his claims in the complaint.
Op also filed their evidence by way of affidavit reconfirming their contentions in the WS.
We have heard the arguments of the parties and also gone into the the records carefully.
There is no dispute that complainant purchased Op’s laptop in question for Rs.42,200/-. It is also not disputed that complainant purchased Op’s additional complete care warranty for Rs.2700/-. The main grievance of the complainant is that the laptop completely stopped functioning in June,2012 when the system was under complete cover coverage programe warranty from OP.
As per evidence filed by complainant, there was 65 days remaining in the warranty when complainant took with Op for replacement of the system Op have not disputed the defects in the system and as per them they are ready to repair the system or said system got replaced with a refurbished system. Op’s offer to replace the system with a refurbished system itself confirms the laptop in question suffered from some inherent defects and we find merit in the demand of complainant for refund of the cost of the system as it is apprehended by the complainant that Op have since discontinued the manufacture of the laptop model in question. It is noted that the laptop stopped working completely when it was still under the warranty and Op is liable to refund the cost of the system as complainant is not interested to get the system replaced with a refurbished system as offered by OP.
In the above, we direct OPs jointly or severely to refund to complainant Rs.42,200/- towards the cost of the defective laptop. In the facts and circumstances of the case we are not issuing any orders for payment of cost/ compensation .In compliance of the order complainant shall handover the defective laptop to the OP.