PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                           CONSUMER COMPLAINT NO. 5/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sidhaant Patel,

S/O- Sunil Kumar Patel, R/o-Cheruapada,Po-Modipada,

Ps-Town, Dist-Sambalpur-768002,

At Present R/O- Building No. H-4/35, SIS

Security Agency, Civil Township, Rourkela-769004      …..Complainant/Applicant

                                                Versus

1. Indospirit Private Limited

Regd. Office- Indospirit Pvt. Ltd,

Near Polish Station, OKHLA PHASE-I, Delhi-110020.

2. Flipkart internet Pvt.Ltd (Flipkart Headquarters India)

Ozone Manay Tech Park, 56/18 & 55/09, 7^th Floor,

Garvebhavipalya, Hosur Road,

Bangalore, Karnataka, PIN-560068

3. HP Care, Sysnet Global Technologies Pvt.Ltd.

P/16, Ground Floor, Civil Township, Rourkela-769004,

4. HP Care, Sysnet Global Technologies Pvt.Ltd.

H.No.1395, Ward No. 28, Infront of DIET, Dirt road,

Ainthapali, PO-Budharaja, Ps-Ainthapali, Dist-Sambalpur-768004.

5. HP Computing and Prining Systems India Pvt.Ltd.

Hewlett Packard Global Soft Pvt. Ltd. EC 2 Campus

HP Avenue, Survey No. 39(PART), Electronics City Phase-II,

Hosur Road, Bangalore-560100                                    …………...Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. R.L. Sharma & Associates
2. For the O.P.s                       :- Ex-parte.

Date of Filing:07.02.2022,Date of Hearing :07.11.2023,Date of Judgement : 22.01.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant booked a LAPTOP HP pavilion Gaming Ryzen 5 Quad Core 3550H online in shopping site of O.P. No.2 on 16.03.2021, paid consideration amount of 19,965/-. The O.P. no.2 granted receipt dated 16.03.2021 and provided one year warranty. For online college classes and OAS preparation it was purchased. On 25.07.2021 defects arose. Photo/pictures not opened. HP online support No. 18002587170 was contacted, who advised to update the software but it was not updated and laptop became slow.

After 10 days again when HP support service checked the laptop they told that window is corrupt and they used HP cloud Recovery tool but it not worked. Finally on 21.08.2021 case No. 5071143993 was initiated and booked for an engineer for Home step service. The Complainant was residing at Rourkela but the service engineer did not come. After one week the Complainant went to O.P. no.3 and gave the laptop for repairing. After one week when O.P. no.3 was approached the O.Ps directed to provide a pen drive of 16GB or higher capacity for reinstall the window using HP cloud recovery tool. With much difficulty 32 GB pen drive was purchased from Unitech Computer store, Rourkela and given to O.P. no.3. On 15.09.2021 the O.P. no.3 returned the laptop saying repaired the laptop. On 20.09.2021 while Complainant was busy in online examination, in the middle of examination the laptop hanged. Online examination could not be completed and secured less mark which affected his career.

On 21.09.2021 the O.P. No.3 was informed telephonically. The officials of O.P. No.3 came and took away the laptop for repairing. After one week told that there is hard disk problem and after 15 days replaced the hard disk. After replacement also laptop not worked although on different occasions, mother board, RAM, Hard disk and Keypad were replaced. O.P. No.3 advised to add SSD(hard disk) in the laptop and a SSD-980-500 GB with cost of Rs. 6049/- was purchased by the Complainant. O.P. No.3 & 4 took months together for repairing but failed to repair the same. Complainant suffered mentally and could not apply for e-medhabruti.

After that on 06.12.2021 same problem arose in laptop. Sometime HDD appear and sometime disappear, there was difficulty in operation . Complainant returned to the home town and explained the O.P. no.4 about the problem, laptop was kept on 13.01.2022 and returned on 24.01.2022 saying everything is ok. When laptop started it took 2 minutes to start. It was too slow. O.P. No.4 was informed. Again on 27.01.2022 laptop was given to O.P. no.4 without solving problem complaint was closed. The O.P. no.3 & 4 were giving their mobile number and OTP to engineers and for which the Complainant was in darkness about the repair.

There was manufacturing defects in laptop. No proper services were provided by O.P. no.3 & 4. The O.P. No.5 has manufactured sub standard product and O.P. no.1 & 2 have sold defective product but failed to provide service. Now the laptop in with O.P. no.4. Being aggrieved the complaint has been filed.

2. The O.Ps are set ex-parte.
3. Perused the documents filed by the Complainant. The laptop was purchased vide order dated 16.03.2021 for Rs. 49,965/- from O.P. No.1. The Complainant has paid Rs. 680/- to United Engineers vide receipt No. 1240 dated 07.09.2021 to-wards 32 GB Pendrive. The Complainant has paid Rs. 6049/- to-wards SSD on 03.10.2021. From 08.09.2021 HP care service report it reveals that software was not up-to-date. From Case No. 5079118136 dated 13.01.2022, No. 5079518697 dated 27.01.2022 the system was slow, hard disk window update NVIDIA graphics was not working. From the correspondences it is clear that there was repeated problem in hard disk & windows and in time the laptop has not been repaired for which the Complainant was harassed.

The O.P. No.1 & 2 are sellers and online platform, whereas the O.P. no.3 & 4 are service providers failed to provide proper service in time and repeatedly in the name of repairing kept the laptop with them for which Complainant, a student failed to take his legitimate benefit out of laptop, harassed during examination. The laptop is with O.P. no.4 and as there was inherent manufacturing defects in the hard disk it was changed and other parts described supra.

Accordingly, the following order is passed.

ORDER

The complaint is allowed ex-parte against O.P. no.3, 4 & 5 and dismissed against O.P. no.1 & 2. The O.P. No.5 is directed to refund Rs. 49,965 +Rs. 6049/- to the Complainant within one month of this order. The O.P. no.3 & 4 service providers failed to provide proper service and accordingly liable to pay Rs. 10,000/- compensation each and directed to hand-over the laptop to O.P. No.5. The O.P. No.5 is liable to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 20,000/. In case of non-payment the amount will carry 12% interest P.A. from date of order till realisation.

Order pronounced in the open court on 22^nd day of Jan, 2023.

Supply free copy to the parties.