BEFORE THE DISTRICT CONSUMER FORUM :: WARANGAL Present : Sri D. Chiranjeevi Babu, President. And Smt. V.J. Praveena, Member. Tuesday, the 24th day of August, 2010. CONSUMER COMPLAINT No.04/2010 Between: M. Nagabhushanam, S/o.Eshwaraiah, Age: 39 yrs, Occ: Pvt.Employee, R/o.H.No.2-10-936, Bank Colony, Subedari, Hanamkonda, Warangal District. … Complainant And 1. H.C.L. Infosystems Limited, Represented by its MRE A. Madhusudhan, H.NO.1-8-586, I Floor, Above Srivaishnavi Automobiles, Nakkalagutta, Hanamkonda, Warangal District. 2. H.C.L. INfosystems Limited, Per its Agent Mr.Prakash, HLC Infosystems Manager, HCL Tower, Plot NO.44, Dwarakadas Colony, Chikoti Garden, Begumpet, Hyderabad. … Opposite Parties Counsel for the Complainant :: Sri M. Vasudeva Reddy, Advocate. Counsel for the Opposite Parties :: Sri K. Krupakar Rao, Advocate. This complaint is coming for final hearing before this Forum, the Forum pronounced the following order. CC 4/2010 -- 2 -- ORDER Sri D. Chiranjeevi Babu, President. This complaint is filed by the complainant M.Nagabhushanam against the opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to pay the compensation/damages of Rs.50,000/- to the complainant, to return the amount of Rs.28,000/- with interest @6% p.a. or replace new trouble free personal computer and to award Rs.2,000/- towards costs. The brief averments contained in the complaint filed by the complainant are as follows: The case of the complainant is that he purchased HCL Computer from opposite parties for Rs.28,000/- on 25-12-2008 with UPS, for which there is a warranty for a period of (03) years and within stipulated period, the system started giving troubles. The complainant approached the opposite parties and brought the problems to their notice for which the opposite parties assured to rectify the problems. But they did not do so. The opposite parties kept the computer for a period of (72) days out of 345 days from the date of purchase, for which the complainant sustained loss of Rs.30,000/-. The complainant visited the shop of opposite parties several times. The complainant sent E-Mail on 07-10-2009 to opposite party NO.1and sent a letter dated 29-10-2009 to opposite party No.2 demanding to replace the new computer or to return the money paid by him as he lost hope in the computer system supplied by opposite parties. The act of opposite parties amounts to deficiency of service. Hence, filed this complaint praying to direct the opposite parties to pay compensation and damages of Rs.50,000/-, to return Rs.28,000/- with interest or to replace the new trouble free computer and with costs. The opposite parties filed the Written Version stating that they denied the complaint allegations and they admitted that the complainant purchased HCL Computer from the opposite parties and they stated that the complaint does not disclose any consumer dispute as defined under the Consumer Protection Act, therefore the complaint is liable tobe dismissed. Further the complainant does not disclose any cause of action against the replying opposite parties. In the absence of the same the compliant is liable to be dismissed. The opposite parties stated that on 16-12-2008 the complainant placed purchase order with the Replying opposite parties for CC 4/2010 -- 3 -- supply of HCL Infinite Desktops. Accordingly on 25-12-2008 the opposite parties company supplied the same to the complainant. The said PC was carrying a warranty of 12 months from the date of installation or 13 months from the date of dispatch whichever is earliest. The copy of the purchase order dated 16-12-2008 is annexed as Annexure-A and the copy of the installation note along with invoice bills are annexed as Annexure-B. Further stated that the Replying opposite parties attended each and every grievance of the complainant regarding the above HCL Brand Computer. The details of the dates and service rendered by the Replying opposite parties to the complainant grievance with respect to above computer are hereunder. Call No. Date Reported problem Service rendered WGL09040089 18/04/2009 Monitor display problem Problem with monitor and taken to Service center for repairs WGL09040089 25/04/2009 Monitor problem Replaced monitor working fine 01/05/2009 LCD Monitor problem Replaced new monitor. New one battery replaced. Working fine WGL09040235 02/05/2009 Keyboard Replaced the new Keyboard. System working fine WGL09040235 02/05/2009 CPU not powering on MBD not working. Taken to TRC WGL09080061 07/08/2009 DVD R/W OS reinstalled and Combo drive given as backup for DVD Writer WGL09080061 14/08/2009 DVD R/W Repaired and replaced the DVD Writer. Taken the old one to Office. System working fine. WGL09080181 19/08/2009 DVD R/W Replaced DVD Writer and tested working fine WGL09090071 08/09/2009 DVD R/W Found problem wit software and freshly installed and checked DVD Writer and system. They are working fine. WGL09090323 26/09/2009 System problem System taken to office for checking WGL09090323 05/10/2009 CPU problem Rectified system WGL09100364 29/10/2009 UPS not working UPS taken to Office for repairs 12/11/2009 System problem Taken CPU & UPS to office 27/11/2009 UPS not working Replaced new UPS. Getting more than 15 min. backup WGL09100269 27/11/2009 System problem Checked and formatted C Drive. Loaded drivers, now system is working fine. CC 4/2010 -- 4 -- Further stated that the opposite parties rendered its service to the complainant within warranty period and still ready and willing to perform its parts of obligation and requested this Forum to dismiss this case. The complainant in support of his claim, filed his Affidavit in the form of chief examination and also marked Exs.A-1 to A-34. On behalf of opposite parties Sri D.K.Singh filed his Affidavit in the form of chief examination but not marked any documents. Now the point for consideration is: 1) Whether there is any deficiency of service on the part of the opposite parties? 2) If so, to what Relief? Point No.1:- After arguments of both side counsels our reasons are like this: As per Ex.A-1 it is clear that the complainant has purchased HCL Computer for an amount of Rs.28,000/- and Ex.A-2 to A-34 those documents clearly goes to show that he purchased the said piece and he brought the said piece to the company and got it repaired. Even then they repaired but the computer is going on getting problem. Since the computer is giving trouble so many times certainly it is a manufacturing defect in the said computer. When there is a manufacturing defect in the computer certainly the HCL company is liable to replace it with new piece or to return the amount which was paid by the complainant. As per the documents filed by the complainant those clearly goes to show that the said computer was getting so many troubles. When it was getting so many troubles, certainly the mind of the complainant will be disturbed and he would have suffered mentally, for that reason certainly the opposite parties are liable to give new piece or to return the amount of the said piece. We do not find any flaw on behalf of the complainant while using the computer. Again and again the computer is getting trouble, then immediately he took the same piece to the office of the opposite parties and got it repaired, it is very much harassment to the complainant, after purchasing the new computer to meet their necessities with great hope which gets repair from the day one of the purchase computer though there exists warranty so many repairs is not expected from a new piece of system or PC so we do not find any fault from the complainant’s side. When there is no fault from the CC 4/2010 -- 5 -- complainant for using the computer certainly the opposite parties are liable to return back the amount or to replace it with new computer. Except the documents filed by the complainant the opposite parties did not file any single document to show that there is no any defect in the computer. As per the complainant the warranty period for the personal computer is 3 years i.e, within the stipulated period started giving trouble. The complainant approached the local agent i.e, opposite party No.2 on various dates for the problems mentioned as follows: 1. Monitor display problem dt.15-04-2009 . 2. Monitor problem and monitor replaced dt.25-04-2009. 3. Monitor not working dt.30-04-2009. 4. LCD Monitor problem dt.01-05-2009. 5. Mother Board Problem dt.02-05-2009. 6. CPU @ Powering dt.02-05-2009. 7. System not working dt.07-08-2009. 8. DWD R/Writer problem dt.14-08-2009. 9. DVD R/Writer problem dt.19-08-2009. 10. DVD R/Writer problem dt.08-09-2009. 11. System problems dt.26-09-2009. 12. System problems dt.26-09-2009. 13. CPU Problem dt.05-10-2009. 14. UPS not working dt.29-10-2009. 15. System not booting & OS problem -- 16. System problem and taken to the office CPU dt.12-11-2009. & UPS 17. System problem dt.27-11-2009 18. UPS problem (old UPS fitted) dt.27-11-2009. So all these problems aroused from 15-04-2009 to 27-11-2009. So within one year from the date of purchase all the above problem aroused to the said computer. Ex.A-1 to A-18 those documents clearly goes to show that repeatedly the said computer was not working properly even though it got repaired. So all these aroused within one year. As per the opposite parties the Warrany period is one year, as per the complainant the warranty period is 3 years. But anyhow after purchase of the computer by the complainant he got the problems from 15-04-2009 to 27-11-2009, these all within one year from the date of purchase. So within a period of warranty only the computer got problems, certainly the opposite parties are liable to replace it with new piece or return back the amount which was paid by the complainant i.e, Rs.28,000/-. CC 4/2010 -- 6 -- As per Ex.A-6 it is clear that Hardware Warranty is 12 months from the date of installation or 13 months from the date of dispatch whichever is earliest. 12m Standard IN-City. For Software warranty is 90 days Media warranty from the date of dispatch. So all the above problems aroused within warranty period, Certainly the opposite parties are liable to replace new trouble free computer or to return back the said amount. For the foregoing reasons given by us we come to the conclusion that there is deficiency of service on the part of the opposite parties and this point is decided in favour of complainant against the opposite parties. Point No.2: To what Relief:- The first point is decided in favour of the complainant against the opposite parties this point is also decided in favour of the complainant against the opposite parties. In the result, this complaint is allowed and we direct the opposite parties to replace new trouble free computer to the complainant of their company. If they failed to provide new piece we direct the opposite parties to return back the amount of Rs.28,000/- to the complainant along with interest @7.5% p.a. from the date of filing of the complaint i.e, 31-12-2009 till the date of deposit. The opposite parties are also directed to pay Rs.2,000/- (Rs.Two thousand only) towards damages and Rs.500/- (Rs.Five hundred only) towards costs. A month’s time is granted to the opposite parties for the compliance of the order. (Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum today, the 24th August, 2010). President Lady Member District Consumer Forum, Warangal CC 4/2010 -- 7 -- APPENDIX OF EVIDENCE WITNESSES EXAMINED On behalf of Complainant On behalf of Opposite Parties Affidavit of complainant filed. Affidavit of opposite parties filed. EXHIBITS MARKED ON BEHALF OF COMPLAINANT 1. Ex.A-1 is the Xerox copy of Demand Draft for Rs.28,000/-. 2. Ex.A-2 is the Xerox copy of purchase order for supply of HCL Infiniti Desktops. 3. Ex.A-3 & A-4 are the Delivery Challans. 4. Ex.A-5 is the material packing list. 5. Ex.A-6 is the Installation Note. 6. Ex.A-7 is the CPU Accessory Packing List. 7. Ex.A-8 & A-9 are the Invoice. 8. Ex.A-10 is the System Analyser Test Report. 9. Ex.A-11 is the Gati Courier Receipt. 10. Ex.A-12 is the letter from complainant to opposite party No.2, dt.29-10-09. 10. Ex.A-13 is the Acknowledgment. 11. Ex.A-14 is the Postal Receipt. 12. Ex.A-15 & A-16 are the E-Mails. 13. Ex.A-17 to A-34 are the Customer Call Cum Service Slips. ON BEHALF OF OPPOSITE PARTIES NIL PRESIDENT
[HON'ABLE MR. D.CHIRANJEEVI BABU]
PRESIDENT
[HON'ABLE MR. K CHANDRAMOHAN RAO]
MEMBER
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