But then to realise the seller has handed you a product that doesn’t even have a genuine warranty is calamitous. After finding herself in such a situation Versova resident Nivedita Jana approached a consumer forum, which on Thursday asked Lamington Road-based Libra Infotech to reimburse the full amount paid by the complainant.
A bench comprising president SB Dhumal and member SS Patil observed in their order, “It is established that the opposite party has sold a defective laptop to the complainant worth Rs 32,500. This laptop has not been repaired by the opposite party… it has not even been attended to by them… the laptop is with her in a defective state since its purchase… the opposite party should refund the entire cost of the laptop to the complainant and the complainant should return the defective laptop to the opposite party.”
Jana had purchased the laptop from the dealer, opposite the DB Marg police station on September 26, 2011. The seller said it came with a year’s warranty. Not long after being put to use by Jana, the Dell Inspiron developed several problems.
The computer would overheat when charged and would reboot automatically even after being shut down. After the company advised her to approach an authorised Dell India service centre, she took the laptop to one. However, Jana learnt to her dismay that the laptop was purchased in the USA, and its warranty was invalid in India. On October 25, 2011 and later on November 17, Jana sent the company letters complaining of the problem – but they were both ignored.
Jana then took the laptop to Libra Infotech hoping they would take it back. Though she visited the showroom on seven occasions, she was dismissed each time. She later took the laptop to another service centre for a second opinion, which found that it had a motherboard problem.
After Jana filed a case against the company, the court served a notice. However, the company never appeared and the court ultimately ruled in Jana’s favour ex parte. The court noted, “[The company] sold the laptop as new to the complainant…when it became defective immediately after purchase the service centre refused to repair and it even refused to attend to the defect… Not only that but [the company] has adopted unfair trade practice by giving an invalid warranty…It appears from the complaint that because of the purchase of the defective laptop, the complainant suffered mental agony, loss of her studies and time. Therefore, she is entitled to the compensation for mental agony and the cost of this complaint.”