NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI

CONSUMER COMPLAINT NO. 75 OF 2007

Manoj Khaitan … Complainant

Versus

Sony India Private Ltd. … Opposite Party

BEFORE :

HON’BLE MR. JUSTICE M.B. SHAH, PRESIDENT

MRS. RAJYALAKSHMI RAO, MEMBER

For the Complainant : Mr.M.N.Krishnamani, Sr.Advocate with

Mr.Buddy A.Ranganadhan and

Ms.Vanita Bhargava, Advocate

08.08.2007

O R D E R

Heard the learned counsel for the complainant. Learned counsel for the complainant submitted that the complainant purchased a Laptop from Sony Corporation, New York, which has its subsidiary and Branch at New Delhi, namely, Sony India Private Ltd., the Opp.Party herein.

In August 2006, the complainant noticed certain defects with regard to the working of the Laptop. He contacted the Opp.Party but the defect was not cured. Thereafter, on 26.11.2006, in the afternoon, as soon as the Laptop was switched on, after about an hour, there was loud explosion, which was heard by the complainant’s son, his wife and others. Learned counsel for the complainant points out that similar incidents have taken place in other countries also. For that purpose, he has relied upon the articles which have been downloaded from the internet, some of which are as under :

1) Article dated 23.10.2006 wherein it has been stated that Sony initiated a global replacement program for certain Lithium-ion notebook computer battery packs manufactured by the company for the purpose of safety of the consumers due to recent overheating incidents.

2) Article dated 15.8.2006 wherein it has been noted that Sony battery in a Dell Laptop burst into flames in Japan. It has also been stated therein that –

“Dell is recalling Sony Laptop batteries sold between April 2004 through July 18, 2006. Some 2.7 million of these have been sold in the U.S. alone. Dell’s recall covers Sony Laptop batteries sold from April 2004 through July 18 of this year, including 2.7 million units in the United States”.

3) Article dated 19.6.2007 to the effect that –

“It is the third Toshiba laptop to burst into flame and an impetus for Toshiba to step up its efforts to contact all customers with a potentially faulty laptop. Along with Web and e-mail notices, Toshiba said it will now scrape through its maintenance and support records to locate owners of laptops affected by the recall”.

4) Article dated 10.6.2006 states that –

“Sony charged with knowing that their Laptop batteries would overheat and start fires”.

5) Article dated 24.8.2006 to the effect that –

“It’s unclear exactly how long Sony has known about the problems with its battery cells. Sony told Infoworld last week that it first had a conversation with Dell about the problem in October 2005, and another conversation followed in February 2006, after which Sony made changes to its manufacturing process. Clancy refused to confirm those dates to CNET News.com on Thursday”.

Some more articles have also been produced on record.

However, considering the serious problem faced by the users of the Laptop, where Sony battery is used, learned counsel for the complainant submitted that this should be treated as class action, as provided under Consumer Protection Act, so that others using the Laptop be cautioned and appropriate direction can be given to the Opp.Party to replace the batteries or recall the batteries and pay appropriate compensation to the parties.

In the present case, it is contended that the family members of the complainant have suffered irreparable damage because of the explosion and fire. For this purpose, he has relied upon medical certificate. He further submits that the goods are hazardous to life and property.

In view of the above submissions, Notice returnable on 14^th September 2007.

……………………………………….J.

( M.B. SHAH)

PRESIDENT

…………………………………………

(RAJYALAKSHMI RAO)

MEMBER

/sra/ 9 / Court-1