Should I sue Sony in consumer court ?

pauldmps

Skilled
My Sony VAIO VPCCB15FG/B laptop stopped booting, last december and always got stuck at the VAIO logo displayed during BIOS POST. I therefore, deposited my laptop in the nearest Sony authorized service center.

They diagnosed the problem to be a motherboard fault and recommended a replacement of the motherboard. As the laptop was out of warranty, the motherboard was replaced at a charge of INR Rs. 18,931/- and the laptop was delivered back to me on 06/01/2014.

While the laptop worked fine for the next few months, the exact same problem appeared again 2-3 days ago. I therefore, again deposited the laptop to the same service center. However, they refuse to fix the problem without paying them the same amount as above again citing that the motherboard is covered under warranty only for 3 months from the date of repair as per Sony's policy.

While I abide by Sony's policy of providing 3 months of warranty on parts replaced, I cannot comprehend how a brand new part exhibits the same problem as the older one in a time-frame of about six months.

I, therefore, have a substantial reason to believe that the service provided by the service center was inadequate and they did not completely fix the problem even after paying the requisite amount as mentioned in the estimate.

I believe that the service center did either one of the following:

1. They did not replace the motherboard with a new one but rather repaired the faulty one in a temporary fashion. Naturally, the fault occurred again. The service center personnel admitted personally that there has never been such another case where a replaced motherboard showed the same problem as the previous one that too in such a short span of time.

2. They did replace the motherboard but did not fully rectify the problem in the laptop which caused the motherboard to fail twice. The service engineer was unable to explain how the problem occurs.

Do I stand a chance of winning if I sue them in the consumer court since the problem occurred beyond the 3 month warranty ?
Can they prove that they actually replaced the MB ? I asked them this, but they said that I could have asked for the old MB at the time of receiving the laptop but this was not told me that time, neither it mentioned anywhere in the documents provided.

Is there any other way of filing a complaint ? Like akosha or CORE ?
 
Service centers always return faulty parts in case of a replacement. Your device was out of warranty, so you could've taken some pics of the old motherboard. You don't have a solid case here.
 
File a claim, detailing it .. saying it was the same problem, which points to a design defect.

Posting to their FB page and various online forums would help too.

Design problem defects have a different set of rules that plain old warranty.
 
Service centers always return faulty parts in case of a replacement. Your device was out of warranty, so you could've taken some pics of the old motherboard. You don't have a solid case here.
Even they don't have a solid case here. Can they prove that they did replace the mobo?
Also, how could taking pics would've helped, as the replacement mobo would look exactly same as the old one?
File a claim, detailing it .. saying it was the same problem, which points to a design defect.

Posting to their FB page and various online forums would help too.

Design problem defects have a different set of rules that plain old warranty.
Not exactly a design defect as the laptop never showed any problems in the past.
But what I suspect is that they did not repair the laptop completely.
 
Even they don't have a solid case here. Can they prove that they did replace the mobo?
Also, how could taking pics would've helped, as the replacement mobo would look exactly same as the old one?

Not exactly a design defect as the laptop never showed any problems in the past.
But what I suspect is that they did not repair the laptop completely.
They claim the fault was in the mobo, they replace the mobo, same problem all over again - Design defect as per legal definition.

Why do we want to have free repairs when we can get the entire money back and then some?

Unless someone can think of a better way to go forward, this is it. 1000's of cars have been recalled for less.
 
^^ As the courts decide. So I should go ahead with the complaint?
Go for it - Word it well, and accurately,
Go for Design defect, because rest everything in is their favor. - They will be hard pressed to explain why the same problem recurred. and Demand a refund on all things including repairs and the notebook itself, and some damage for mental and work harassment. About 5 lacs for that should be good.

Recently a man got awarded Rs 50,000 because he was over charged (more than MRP) for a can of Red bull at Chennai Airport.
 
Update: I e-mailed Sony about the issue, and they waived off the cost of the motherboard and instructed the service center to replace the motherboard only by charging the labour fee. They did replace the MB but with another faulty one.
Now the laptop boots up but the dedicated gpu does not work.Installing the graphics driver causes the screen to go blank. The service center guy did not let me check the laptop properly and hurried me to sign the job sheet. I realised the problem after getting the laptop back home.
Now he just says that it is a software problem & he reinstalled the OS. He ten returned me the laptop and said that he is downloading drivers and will call me when it is done. He did not do so for the next whole day, so I went back the next day but he's making lame excuses like the internet is down, etc. I do not know if he's just trying to stall me or if he's waiting for a new MB to arrive and he'll then call me and replace it without letting me know.
I am thinking about complaining Sony again. But I really don't know what to do.
 
Shoot in a stern mail and keep the social network in the loop! Make sure you address the problem properly and they are made aware that refurbished parts were used! The next time spend you valuable time at the service center and see if all the functionns work, rather than losing out due to your ignorance!
 
Try what @abracadabra suggests. Wait for 7 to 10 days. If it does not show any progress then threaten the service center guy that you are going to sue Sony in consumer court. Wait for two days. If still no progress, prepare a neat page detailing everything that has happened highlighting your agony. Lay claim for the cost of notebook and the cost for your pain. If you can delineate some missing opportunities and put monetary value to it then do so.
I have won two such cases in consumer court in the past - one against Whirlpool and another against a medicine retailer. But you need to have patience. The district level consumer courts are overloaded but I found them to be pro-consumer. In fact if you are a little DIY type and logical then you don't need a lawyer at all.
 
I have mailed Sony. I have no time to visit the service centre today or tomorrow. So it will have to wait till Thursday. Let's see then.
I am hopeful that Sony will resolve the issue just like the last time. Else I'll go the consumer court way.
Did you take any pics this time around?
What would pics do ? As I said earlier, all the MBs look the same. I do have the laptop with me right now, so I can take pics but what pics do I need to take ?
 
What would pics do ? As I said earlier, all the MBs look the same. I do have the laptop with me right now, so I can take pics but what pics do I need to take ?
because you were afraid the service centre would replace the MB "without letting you know":
...I do not know if he's just trying to stall me or if he's waiting for a new MB to arrive and he'll then call me and replace it without letting me know...
all MBs have serial numbers and lots of other numbers/details which set them apart from rest of the lot. if service centre replaces a part at your cost then they are supposed to hand over the faulty part to you... otherwise, how would you know they actually replaced it? even if service centre cheats you by not replacing your MB and giving you back some random MB, you'd know the difference had you taken the appropriate pictures.
 
How would one take pics of the Mobo serial number without opening the laptop himself? And even then, it ain't easy to spot the mobo serial no:, etc.
I've had a similar Mobo issue with a dell laptop, and tried to check the s.no, but couldn't.
 
^^ one can go to great lengths to fight a case in consumer court and not open up a laptop? even a small repair shop can help him with the pics if he is serious about collecting evidence.
 
Another sony vaio story...
Seems like vaios are only designed to work properly until the warranty runs out. Better shift to chinese laptops.

Anyways my friends bro and his friend had similar experiences with their vaios in the past...2yrs back. Display, mobo and overheating issue. After running from pillar to post for 2-3 months and spending considerable amounts they dumped the laptops and shifted to Dell. Having piece of mind since then. They would have sued sony but theirs jobs didnt permit them to spare their valuable time fighting with sony.

My bro replaced his Acer laptops mobo and display after warranty expiration last year and he was given 1 year warranty on a new mobo and 3 months on the lcd display. In fact laptop was only handed over to him after a thorough 1 day testing. Now this is something to be learnt by tech giants-- sony here.

Seems sony has lost its brain in computers and just concentrating more on cellphones.
 
^^ one can go to great lengths to fight a case in consumer court and not open up a laptop? even a small repair shop can help him with the pics if he is serious about collecting evidence.

Of course, if you are dead serious, then you will manage.

I gave to a local service guy, and he said he can check only when he's free. So one HAS to leave the laptop in his care.
They say "we cannot do this when you are free, only when we are free. Else take your laptop elsewhere."
 
Let's take the problem at hand and the probable action plan
1. They have replaced (or repaired) the motherboard (admittance on their part that the motherboard was faulty)
2. Motherboard did not work as intended (usually replacements/repairs have 3 to 6 months of warranty)
3. Motherboard replaced was not new (I am not sure if it is your right to get a new motherboard or just a working motherboard). My experience says that it is legal on their part to provide you with a working motherboard, does not matter if it is new, old or repaired. However if the invoice says new motherboard then it has to be new. Replaced/repaired motherboard has to be functionally same as the working product.

Point 2 itself is enough to file a police complaint for cheating (you must have the original copy of the receipt and communication proof that they have agreed to repair or replace).
Then file a consumer case.

But all along try to put fear of job into that person's mind. I have a feeling this problem is not because of company's policy. It may be the particular person or Service Center head's attitude.
 
Last edited:
^^Refer the update of @pauldmps where it says:

Update: I e-mailed Sony about the issue, and they waived off the cost of the motherboard and instructed the service center to replace the motherboard only by charging the labour fee. They did replace the MB but with another faulty one.
Now the laptop boots up but the dedicated gpu does not work.Installing the graphics driver causes the screen to go blank. The service center guy did not let me check the laptop properly and hurried me to sign the job sheet. I realised the problem after getting the laptop back home.
Now he just says that it is a software problem & he reinstalled the OS. He ten returned me the laptop and said that he is downloading drivers and will call me when it is done. He did not do so for the next whole day, so I went back the next day but he's making lame excuses like the internet is down, etc. I do not know if he's just trying to stall me or if he's waiting for a new MB to arrive and he'll then call me and replace it without letting me know.
I am thinking about complaining Sony again. But I really don't know what to do.

When someone has made the payment for some repair work, he is entitled to certain amount of quality from that paid work within a reasonable period (warranty for the work done/service rendered). As per above quote, the warranty for the repair is still valid. It does not matter what the vendor says. Try putting this argument in consumer court and see the response of the judge.

BTW, i don't think his repair/replacement work is older than three months. Or is it?:confused:
 
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