DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (CENTRAL)ISBT KASHMERE GATE DELHI

COMPLAINT CASE NO. CC/75/2021

vs.

Coram:       Mr. Inder Jeet Singh, President

                   Shri Vyas Muni Rai, Member

                   Ms. Shahina, Member (Female)

ORDER

Ms. Shahina, Member

1. The present complaint has been filed by Mr. Mukesh Jain (in short the complainant) under the Consumer Protection Act, 2019 against 1. M/s H.P. India Ltd. through its Managing Director (in short OP no.1) and OP2. Mr. Sandeep Sharma Partner Account Manager (north) M/s H.P. India Ltd.-(in short OP no.2), and M/s Computer Connection F 49, DB Gupta Mkt. Karol Bagh, New Delhi – 110005 (in short OP No.3) having addresses given above.
2. Brief facts of the case are of allegation of deficiency in service and unfair trade practice on the part of the OPs in selling a defective laptop Model HP 14 DH 1011 TU, Convertible (8 GB B 02 PA),  Sr. No. 8 CG 9368 MVP from OP3 on 15.10.2019 for an amount of Rs. 72,000/-. The complainant is an Engineer by profession. The laptop was purchased for his personal and professional use, however, the laptop could not function properly even for 3 months and remained completely unutilized for more than 7 months, within its first warranty period itself. The laptop was for a complete one year warranty plus seamless service offered by OP1. The laptop has undergone serious repairs like mother board replacement, display screen, mouse pad, hard disk repair etc. It is mentioned in the complaint that a totally defected piece sold to the complainant by Opposite Party. Complainant has also mentioned that on the representation and assurance of OP3 complainant purchased a brand New Laptop Model HP 14DH1011TU, Convertible (8gb B 02 PA), Sr. No.8CG 9368 MVP from the OP 3 on 15.10.2019 for an amount of Rs. 72,000/-. It is also mentioned in the complaint that laptop is covered under a complete one year warranty plus seamless service offered by OP no.1. It is also the case of the complainant bought a two year additional warranty on the said laptop on payment of a sum of Rs.7,000/- from HP authorized warranty partner M/s ARM Inforserve India Pvt. Ltd. Janakpuri New Delhi. Complainant has further submitted that it has also been mentioned that the first warranty period, the total outage was for 201 days within of newly purchased high end convertible touch screen laptop, M/s HP had replaced major component of laptop like:-

1. First repair of laptop at site, Hard disk etc.(outage for 60 days). 2. Mouse pad, (outage for 9days).

3. Main display screen (outage for 7 days)

4. Mother board (outage for 80 days)

5. Web cam (outage for 45 days)

3. The complainant has lodged a formal complaint in this regard on 02.01.2020. However, the complaint look into after long time and a service Engineer was sent at site for inspection and repair only on 28.02.2020. The complainant alleged that the poor performance of the said laptop was brought to the notice of OP1 and OP2 regularly and continuously. It is alleged that the OP HP India Ltd. failed to repair the defective laptop of the complainant. Thus, complainant prays that (1). The OP be directed to a completely new laptop of same make and model with warranty of additional two years or in the alternative refund the purchase price (including additional warranty price) of Rs. 79,000/- along with interest @18% from 15.10.2019. (2). Direct the OP no.1 and 2 to jointly and severely to pay a sum of Rs. 3, 00,000/-towards damages for the mental agony, harassment and torture (3). along with cost of litigation.
4. OPs were proceeded ex-parte on 10.06.2022 for want of appearance despite service and adjournment. The case was put to ex-parte evidence.
5. Complainant has filed his affidavit of evidence along with documents. Complainant also filed his Written Arguments.
6. We have gone through the record of the case as well as written submissions filed by the complainant which are on record.
7. The real controversy involved in the present case is as to whether the complainant is entitled to the claim sought in this complaint or not? The said laptop involved in the present complaint was defective from the starting of its purchase by complainant. In this regard the complainant submitted the laptop for service centre for repairing at the HP care service centre but the said laptop has not been working properly. It has also come in evidence that the said laptop was not working properly and was not rectified by the OPs the problem.
8. In this regard, it would be relevant to mention the ‘Service Call Reports’ dated 28.02.2020, 30.06.2020, 06.07.2020, 24.07.2020, 14.10.2020, 24.10.2020,21.11.2020, 09.12.2020, 29.09.2020 are proved on records. From these Service Call Reports, it is clear that there was defect in the product. The product was not made functional and laptop issue was never addressed completely.
9.  The complainant was repeatedly writing emails communications to get the laptop functional and despite replacing the major components, the laptop was not made functional by the OPs. The malfunctioning of the laptop from its inception is unfair trade practice and subsequent attempts had not rescued the complainant from the malfunctioning of the laptop, there is also deficiency in the services. The complainant shall not suffer for it, as he had done all acts, even notice prior to filing the complainant.

          During the period of getting repaired of the laptop, he faced all trauma to get it functional. He is held entitled for relief claimed in the manner as mentioned in para 10 below.

10. Keeping on view of the circumstances stated above we direct to OPs, jointly and severally (i). to replace the defective laptop with a new one in place of laptop bearing model HP 14 DH 1011 TU, Convertible (8 GB B 02 PA), Sr. No. 8 CG 9368 MVP OR refund Rs. 79,000/- [the purchase price (including additional warranty) of the product] along with interest at the rate of 6 % pa, is being allowed, from the date of filing of the complaint till realization. In case the defective laptop under reference is replaced with a new one of the same make and model by the OPs, the complainant is directed to hand over the old laptop to the OPs. (ii). OP are directed to pay Rs.10,000/- to the complainant as compensation for mental agony and deficiency in service, since he faced all trauma to set laptop functional. (iii) and Rs.5,000/- as litigation cost to be paid to the complainant by OPs. The above award/ order shall be complied within 30 days from the date of receipt of this order. 

11.    Copy of this order be sent to the parties as per rules. File be consigned to record room.

Announced on this      January of 2023.