SONY INDIA PRIVATE LIMITED Vs. JATINDERA MITTAL

JUDGEMENT

(1.) THIS is an appeal filed by the OP No. 1 against order dated 10.2.2009 passed by District Consumer Disputes Redressal Forum -II, UT, Chandigarh (for short hereinafter to be referred as District Forum) passed in complaint case No. 197 of 2009.

(2.) BRIEFLY stated the facts of the case are that the complainant purchased a Sony VA10 Laptop (Model CR343 with 2 GB) for Rs. 47,000. vide invoice No. 1542 dated 19.8.2008 from OP No. 2 i.e. M/s. Sony Digital Store. After its purchase, the complainant found black patch on the screen of laptop and he approached the OP No. 2 to rectify the said defect but OP No. 2 forwarded the complaint to OP No. 3 i.e. Sony Authorised Service Centre. The complainant visited many times at the office of OP No. 3 to convince that due to manufacturing defect the said laptop started trouble and requested the OP No. 3 to replace or repair at their cost because the aforesaid laptop is under the warranty but no response has been received from the side of OP No. 3. The complainant got the laptop repaired from Modern Electronics, Chandigarh and paid Rs. 11,383 as repair charges. The complainant served a legal notice to the OPs but no reply to the said notice was received from the side of OPs. The above said act of OPs amounts to deficiency in service and hence, the complaint was filed.

(3.) REPLY was filed by the OP No. 1 and admitted that the laptop was purchased on 19.8.2008 and the first complaint was registered after three months of its purchase. It was pleaded that if the laptop functioned well for three months and as such there was no manufacturing defect in the laptop. It was further pleaded that the complainant purchased his laptop after satisfying himself with the specifications and conditions and admittedly there was no complaints of whatsoever nature at that time and as such it was evident that the laptop in question was not having any manufacturing defect.