Md Shadab Ansari (Law Student & Human Rights Activist....) 22 June 2010

Act of 3rd party!

Dear Learned members, i need judgement for the following circumstances. My friend has given his laptop to the company for battery problem(it was under warranty). The company delayed the delivery almost 3months.My friend filed a case in consumer forum and in reply the company said that the laptop was lost by the courier company so it is not liable for the compansation as it was due to the act of third party. The computer company did not informed us about this before but after the institution of the case. So i need judgements for the following circumstance. Regards Md Shadab Ansari

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2 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 23 June 2010

Mr.Ansari

it cleary shows the deficiency of the service on the part of the company

eventhough it was lost on the hands of 3rd party there is an vicarious liabilty aganist the courier company/company.

your friend gave the laptop to the service under a valid receipt,as per that receipt the service center has to rectify the defect and handover it to the customer.if the service station is failed to do so it amounts to deficiency of service

Devesh A. Bhatia (Advocate) 04 July 2010

Modify your consumer complaint and include the courier company in your complaint as well. Send the courier company a legal notice with intention to file a consumer complaint as well as a criminal complaint of misappropriation.