DISTRICT CONSUMER DISPUTE REDRESSAL FORUM: NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 481/2018
D.No._______________ Dated: _________________
IN THE MATTER OF:
ASHUTOSH KUMAR SINHA,
S/o SH. M.P. SINHA,
R/o E-7/268, SULTAN PURI
DELHI-110086. … COMPLAINANT
Versus
1. CROMA (DEALER),
VIKAS SURYA PLAZA,
CROMA SHOPPING MALL, PLOT No.18,
NEAR M2K, MANAGALAM PLACE, SEC.-3,
ROHINI, DELHI-110085.
2. HP INDIA SALES PVT. LTD.,
24, SOLARPURIA ARENA,
HOSUR MAIN ROAD, ADUGODI,
BANGALORE-560030 (KARNATAKA).
3. HP INDIA SALES PVT. LTD.,
2F, TOWER D & E, BUILDING No-2,
DLF CYBER GREEN, DLF CYBERCITY,
PHASE-III, GURUGRAM,
HARYANA-122002. … OPPOSITE PARTY (IES)
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution:13.07.2018
Date of decision: 14.05.2019
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SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant purchased a new HP Laptop bearing model 15-AY511 i3 6G 8GB B2X+Off (SLV) of Rs.40,890/- vide retail invoice no. SLA020030119405 dated 01.08.2017 from OP-1. The complainant further alleged that after 2 months of purchasing the said Laptop created many problems like hanging, charging problem, sometimes shut down while working on it, sometimes take more time to start and software problem etc. Thereafter, the complainant requested to OP many times to resolve the problem but OP did not care the request and not given any proper response in the matter and some of the correspondence between the complainant and OP-2 & OP-3 through e-mail and the complainant is very much disturbed of this defective Laptop set and due to this the complainant is in very loss and the complainant’s work is suffering very much but OPs are not giving any proper response in this matter and the complainant further alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the invoice amount i.e. Rs.40,890/- paid by the complainant as well as compensation of
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Rs.50,000/- for causing mental agony and physical harassment and has also sought Rs.8,000/- towards litigation cost.
3. All OPs have been contesting the case, OP-1 as well as OP-2 & OP-3 filed their separate written statement/reply. OP-1 submitted in its written statement that Infiniti Retail Ltd. is a company incorporated under the Companies Act and carries on its retail business of Consumer durables and electronics under the brand name “Croma”. OP-1 further submitted that the complaint is not maintainable as against OP-1 and false and frivolous complaint has been filed against OP-1 to harass and blackmail and the complainant has no cause of action against OP-1. However, the factum of sale of disputed Laptop to the complainant for a sum of Rs.40,890/-, is admitted by OP-1 and OP-1 submitted that the warrantee on the product is of manufacturer i.e. OP-2 & OP-3 for a period of 12 months from the date of sell and OP-1 cannot be in any manner be held liable for the period for which manufacturer warrantee in respect of the product sold to the complainant. OP-1 further submitted that there is no deficiency in service on the par of OP-1 and the complaint is not maintainable and is liable to be dismissed.
4. In their joint written statement, OP-2 & OP-3 submitted that on 01.08.2017, the complainant purchased a Laptop, HP 15-AY511 i3 6G 8GB B2X of Rs.40,890/- from OP-1 and the said Laptop purchased by the complainant is sophisticated electronic equipment
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consisting of various minute components and the working of the same depends on various factors such as proper electrical supply, proper handling of the system and the software installed on the system and there is no manufacturing defect to the Laptop and in case of any manufacturing defect, the product would have been stopped working on the same day of purchase itself. OP-2 & OP-3 are always providing support within the warrantee period but the instant case, there is no case/complaint logged found in HP internal tool and post checking in the complaint case history, there is no complaint logged with HP and the complainant has not reported any issue of the Laptop with HP. OP-2 & OP-3 further submitted that OP-2 & OP-3 always ready to provide services to the complainant in accordance with the warrantee policy and the warrantee period of the product has expired on 31.07.2018 and thus the complaint is not maintainable and is liable to be dismissed.
5. The complainant filed separate rejoinders and denied the version of OPs.
6. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no. SLA020030119405 dated 01.08.2017 of Rs.40,890/- issued by OP-1, copies of complaints dated 15.03.2018, 16.03.2018, 24.03.2018 & 08.07.2018 sent by
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the complainant to OP-2 & OP-3 through e-mail and copies of reply dated 16.03.2018, 17.03.2018 & 24.03.2018 sent by OP-2 & OP-3 to the complainant through email.
7. On the other hand, Sh. Pradeep Kumar Giri, Assistant Store Manager of OP-1 and Sh. Girish S, Authorized Signatory of OP-2 & OP-3 filed their separate affidavits in evidence which are as per defence taken by OP-1, OP-2 & OP-3 in the written statement/reply. OP-1, OP-2 & OP-3 also filed written arguments.
8. This forum has considered the case of the complainant as well as OPs in the light of evidence and documents placed on record. The case of the complainant has remained consistent and cannot be doubted. There is nothing on record to disbelieve the case of the complainant. It is revealed that the complainant purchased the laptop for Rs.40,890/- vide invoice dated 01.08.2017 from OP-1 which has gone out of order and could not be repaired by OP-2 & OP-3 despite the fact that the complainant has visited the authorized service centre of OP-2 & OP-3 at Rajouri Garden alongwith defective Laptop but the authorized service centre did not resolve the problem and rectify the defect in the Laptop and thereupon the complainant made so many complaints to OP-2 & OP-3 through e-mail but the defects has not been resolved by OPs. It is hard to believe that the complainant will cause damage to his Laptop by using in a faulty manner. Moreover, it is hard to believe
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that the complainant will lodge a false complaint against the newly purchased Laptop immediately after purchase and it appears that there has been a manufacturing and inherent defect in the Laptop. OP-2 & OP-3 have failed to rectify the problem in the Laptop and as such OP-2 & OP-3 have indulged in unfair trade practice and there is deficiency in service on the part of OP-2 & OP-3. Accordingly, OP-2 & OP-3 are held guilty of unfair trade practice and deficiency in service.
9. Thus, holding guilty for the same, we direct OP-2 & OP-3 jointly or severally are as under:
i) To refund to the complainant the cost of the laptop i.e. Rs.40,890/- on return of the disputed laptop alongwith accessories and bill.
ii) To pay to the complainant Rs.20,000/- as compensation for harassment and mental agony suffered by complainant.
iii) To pay to the complainant an amount of Rs.8,000/- as cost of litigation.
10. The above amount shall be paid by OP-2 & OP-3 jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OP-2 & OP-3 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-2 & OP-3 fail to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this
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Forum u/s 25/27 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 14th day of May, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY :- SATYENDRA JEET
