BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Sukhpreet Singh s/o Sardar Baldev Singh r/o H.No.2423, Sector 24-C, Chandigarh.

….…Complainant

                            V E R S U S

1.        Beyond Computers, SCO 76, 1^st Floor, Sector 20-C, Chandigarh.

2.        Micro Clinic India Private Limited, SCO No.13-14-15, 4^th Floor, Sector 34-A, Chandigarh.

3.        Hewlett Packard India Sales Private Limited, 24, Salarpuria Arena, Hosur Main Road, Adugoli, Banbalore 560030

                     ..…Opposite Parties

CORAM:        SH.RAJINDER SINGH GILL, PRESIDING MEMBER

              MRS. MADHU MUTNEJA, MEMBER

Argued by:       Sh. Anuj Ahluwalia, Adv. for complainant.

                OPs 1 & 2 exparte

Sh. Vipul Dharmani, Adv. for OP-3

PER MRS. MADHU MUTNEJA, MEMBER

             Briefly stated, the complainant Sukhpreet Singh purchased a laptop from OP-1 on 21.2.2009 which carried warranty for one year.  The laptop started giving trouble in the month of January 2010, hence the complainant visited OP-2 which is the authorized center and requested them to repair the laptop. The complainant has alleged that OP-2 refused to repair/replace the adaptor/charger which was found to be defective. The complainant then sent a legal notice to OP-2 for repair of the adaptor.  Not receiving any positive response from the OPs, the complainant has filed the instant complaint alleging deficiency in service and unfair trade practice.

2.        OP-1 in their short reply have admitted that the laptop was within warranty period and that there was some problem with the adaptor.  However, it has been pleaded that the entire fault in the matter was that of OPs 2 & 3 as they failed to provide free service and replacement to the customer for faulty parts during the warranty period.  Pleading that there has been no deficiency in service or unfair trade practice on their part, prayer for dismissal of the complaint qua them has been made. 
3.        Notice sent to OP-2 was received back with the report of refusal and since refusal is good service, therefore, OP-2 was proceeded against exparte
4.        In their written reply OP-3 has submitted that the products manufactured by them are of good quality.  It is not in their knowledge whether the complainant has purchased the laptop with a warranty of one year from OP-1. Further, they are a customer friendly company and if the complainant had any problems, he could report the matter to the Customer Care Centre of OP-3.  In fact, as per their inspection report, the unit has been found to be out of warranty and hence they are not liable for repair of the defective part without payment.
5.        Parties led evidence in support of their contentions.
6.        We have heard the ld. counsel for the contesting parties and have also perused the record. 
7.        At the time of arguments, the ld. counsel for both the parties submitted that there was no problem with the laptop. The only defective part was the adaptor/battery of the laptop.  The  OP refused to repair the laptop without payment because of a cutting in the retail invoice available with the complainant. However, it needs to be noted that the cutting is only of the date.  The month and year are clear.  The month is February and the year is 2009.  Hence the laptop is clearly still within warranty and the OP would be liable for repair/replacement of all defective parts. 
8.        In view of the above discussion, the present complaint is allowed.  The OPs are directed to provide a fresh adaptor/charger to the complainant.  The OPs shall also pay to the complainant Rs.3,000/- as compensation for the harassment suffered by him and Rs.2,500/- as costs of litigation.  This order be complied with by the OPs within thirty days from the date of receipt of its certified copy failing which they shall pay the above amount alongwith cost of a new adaptor/charger with penal interest @ 12% per annum from the date of order till its actual compliance.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.