Asked to pay for full keyboard after one ‘missing’ key, laptop owner wins Rs 40,000

One key missing in laptop

A resident of Patna, one Bipin Bihari Sahay, had bought a Sony laptop from Patna Computer Pvt Ltd in October 2011 for Rs 66,500, with a one-year manufacturer’s warranty, later extended by two years for an additional Rs 2,400. In October 2014, he handed the laptop over to Onus Services, Sony’s authorised service centre in Patna, complaining that some keys were not functioning properly.

It was noted that the service centre’s documents (job sheet) initially recorded “one key missing” in the column meant to describe the condition of the laptop. The man pointed out this was a mistake, and the entry was corrected by the service centre employee using the same pen, with her signature next to the correction.

Despite this, the service centre allegedly went on to charge him Rs 5,929 for replacing the entire keyboard, on the grounds that a key was missing. The man allegedly protested and approached the service centre again, but got no relief, following which he moved the consumer commission in 2015.

‘Charged for full keyboard replacement’

The commission noted that only Sony India and its authorised service centre, Onus Services, put in an appearance before the commission. The manufacturer’s Delhi office, however, never filed its written statement despite being given the opportunity, and the case was eventually disposed of ex parte after both the manufacturer and the dealer stopped appearing.

The court found that a “bare glance” at the service slip made it “crystal clear” that the entry regarding a missing key had been corrected at the time itself, yet the service centre still went ahead and charged the complainant for a full keyboard replacement. It held that this amounted to “not only improper and unjustified rather unfair trade practice.”

Since none of the complainant’s pleadings or documents was specifically denied or disputed by the manufacturer, dealer and the store, the commission held the facts stood proved.

The commission directed Sony’s service centre to refund Rs 5,929 with 16 per cent interest per annum from the date of filing of the complaint, along with Rs 20,000 as compensation for mental agony and physical harassment.

It also directed the centre to pay Rs 15,000 towards litigation costs and further noted that the order must be complied with within 120 days, failing which the complainant will be entitled to an additional Rs 10,000 as execution cost.

Takeaway

The ruling highlights that authorised service centres cannot bill consumers for a full component replacement when their own records show the actual fault was far smaller, even after such an entry has been corrected. It reinforces that once a consumer’s version of events is not specifically denied or disputed, the burden falls on the service provider to justify its charges, and failing to do so amounts to deficiency in service and unfair trade practice.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Bihar helpline: 1800-345-6188) or dial the National Consumer Helpline at 1915 for assistance.

(Written by Avinash Verma, Avinash is an intern with The Indian Express)