Delay in delivery of laptop.
Md Shadab Ansari
(Querist) 14 June 2010
This query is : Resolved
Dear Learned members, here is a query for your which i need your help."A" given a laptop to the company for some defects as the it was under warranty.The company delayed the delivery of the laptop.After 3 months "A" filed a case in consumer forum and in reply the company stated that the delay was caused by third party as the laptop was lost in courier. My query is that. can a computer company take the plea that delay in delivery of laptop is caused by third party as the laptop was lost by courier company and it produced a certificate from the courier in this regard.Earlier the company did not informed "A" about this fact that the laptop was lost in courier."A" has received a new laptop but the case is going for compansation as he is MCA student and has suffered irreparable loss.Now i need some case laws and suggestion from you,thanks
Devajyoti Barman
(Expert) 14 June 2010
The case is likely to succeed as the manufacturer can not take the plea of third party's negligence specially when the third party is within the control of the manufacturer.
Raj Kumar Makkad
(Expert) 14 June 2010
Even though you have been provided with new laptop yet the complaint can be continued seeking compensation for the intervening period.
