JUDGEMENT

          Complainant by filing this complaint has submitted that he purchased one HCL Laptop from op no.3 on 17.05.2013 being Sl. No. 1111AE646592 on payment of Rs.34,000/- vide receipt/Invoice No. 25051/7253660.  But just after purchase during use several type of technical problems were detected and complainant reported the matter to the op and onsite repair was carried out on 19.12.2011.  But again in the month of April, 2012 the laptop was found suffering from some problem and then mother board of the laptop was replaced and complainant was advised by the HCL Head Office representative that replace of mother board warranty was effective for 24 months.

          Accordingly he purchased standard warranty pack on 09.05.2012 with Sl. No. C11B0D03564394 effective from 17.05.2012 and valid up to 16.05.2014.  But again on 12.07.2013 further problem was detected in the said laptop which was reported to the op but no onsite repair was provided despite quoting extended warranty.  So, laptop once again for repair to Kolkata Service Center, Vijay Enterprise which diagnosed that there was problem in the mother board and they advised to take it to Service Centre at the op no.4 as motherboard was not available with them.  So finally this laptop had been physically handed over on 16.08.2013 to the op no.4 under Complaint No.8503154598.

          It is further submitted that waiting for more than three months and there is no positive response from the op.  Since the laptop is still under warranty and it is the op’s responsibility to bear all the repair charges and the complainant also submitted that further onsite extended warranty was denied though laptop was handed over to op no.4.  Practically defective Laptop was sold by the op for which again and again several problems were detected.  But truth is that the laptop is now in the custody of the op no.4.  But same has not yet been handed over to the complainant by the op as yet even after lapse of eight months and then complainant sent a letter to the ops on 19.11.2013.  But it has no response and the defect free laptop has not yet handed over to the complainant and in the above circumstances for deficiency of service and for adopting unfair trade practice, complainant has prayed for redressal and for directing the op to refund the money with compensation or to replace a new laptop with warranty period.

          On the other hand notices were served upon all the ops but written statement was filed on behalf of the op nos. 1 & 2 and they have stated that laptop was diagnosed and the motherboard was replaced and complainant was asked to collect the same but the complainant did not turn up to collect the laptop even after several calls and reminders.  Complainant was warned that in case he does not collect the laptop demurrage would be charged.

          It is further submitted that complainant purchased a laptop no doubt on 17.05.2011 which worked perfectly till July 2013 and a problem was detected on 12.07.2013 i.e. after a sustained use of almost 26 months and the same was detected for motherboard problem.  The complainant submitted the laptop for repair at Siliguri centre whereas the complaint has been filed at Kolkata.

          Further it is submitted that laptop is covered under the Return to bench Warranty programme wherein case of any problem it is the duty of the complainant to bring the laptop to the service centre and collect the same after getting it repaired but the complainant irrespective of collecting the repaired laptop chose to file this complaint before this Hon’ble Forum and it is a submission of the ops that the complainant may please be directed either to collect the laptop from their Siliguri office or the same can be handed over to the complainant before this Hon’ble Forum on the next date of hearing and in view of the fact complainant refused to abide by the order and wish to pursue the case the ops reserve the right, so that the case may be dismissed.

                                                         Decision with reasons

          On hearing the complainant’s agent that his mother and also considering the authority of the op nos. 1 & 2 on behalf of the HCL and further considering the complaint and the written version, it is clear that it is undisputed fact that the complainant purchased one HCL laptop on 17.05.2011 from op no.3 on payment of Rs.34,000/-.  From the document it is found that on 4 to 5 occasions the problems were detected and the laptop was placed and repaired.  Thereafter it was detected that the problem was of the motherboard that was replaced.  But again defect in the said motherboard was detected.  When that laptop was deposited to Siliguri Service centre because said motherboard was not available at Kolkata and truth is that on 16.01.2013 under complaint No. 8503154598 complainant deposited the laptop to op no.4 and thereafter complainant made several reminders but no fruitful result was achieved by the complainant.

          Truth is that complainant is a student of B.Tech. (ITI), Sikim Manipal University and he is facing much inconvenience for not getting the laptop from the op.  Anyhow the op nos. 1 & 2 have submitted by filing written statement that they are willing to return the said laptop after replacing the new motherboard which is now available and giving such warranty for 16 months from the date of receipt of the laptop and they shall keep proper watch about the problem of the laptop and invariably they shall have to render proper service to the complainant and considering the written version of the op nos. 1 & 2 we are confirmed that the purpose of complainant shall be served and complainant shall have to get relief if necessary order is passed in admission of op nos. 1 & 2. 

          If the said laptop is returned to the complainant by the op after removing all defects and by giving further warranty for 16 months from the date of receipt of the laptop and when op nos. 1 & 2 have agreed to give service also properly on call then we find that it would be the best relief to the complainant because it is the mandate of the judgement of the Supreme Court that if the seller or the manufacturer gives such warranty for further extended period by repairing the goods to the satisfaction of the consumer in that case, there is no question of refund of money because the provision as laid down by the C.P. Act is such.

          After giving proper attention about the submission of the mother of the complainant and also the submission of the op nos. 1 & 2’s employees we are confirmed that practically the service centre of Siliguri did not give proper service and op no.4 was responsible for that not the manufacturer.  So, any action may be taken against op no.4 who has harassed the complainant but not the manufacturer and not the seller of the present item.  So, in the present circumstances we find that complainant may get relief against op no.4 for not getting the repaired laptop and causing harassment for the laptop but we find that complainant is entitled to get back it from op nos. 1 & 2 and op nos. 1 & 2 have agreed to return it when the same has already been repaired by the op nos. 1 & 2 at Kolkata and they are willing to handover the laptop to the complainant.

          So, the complaint succeeds against all the ops.

          Hence, it is

                                                           ORDERED

          That the complaint be and the same is allowed on contest without any cost against the op nos. 1 & 2 and same is dismissed against op no.3 but same is allowed exparte against op no.4 with cost of Rs.5,000/-.

          For harassing the complainant, op no.4 is hereby directed to pay a sum of Rs.20,000/- for not giving proper service and also for negligence and deficient manner of service on the part of the op and also for not handing over the said laptop to the complainant till todate.

          Op no.4 is directed to pay the cost of the complaint that is Rs.5,000/- and compensation of Rs.20,000/- that is total Rs.25,000/- to the complainant within one month from the date of this order failing which for each day’s delay op shall have to pay punitive damages @ Rs.100/- per day till full satisfaction of the decree.

          Further op nos. 1 & 2 are hereby directed to handover the laptop free from all defects to the complainant within 45 days from the date of this order at their own cost along with fresh warranty for 16 months from the date of handing over the repaired defect free laptop to the complainant and op nos. 1 & 2 shall submit compliance report before this Forum after lapse of 45 days from the date of this order and complainant is directed to receive the same on proper receipt from the op nos. 1 & 2 and if op nos. 1 & 2 do not comply this order within 45 days in that case op nos. 1 & 2 shall have to refund the sum of Rs.35,000/- including compensation of Rs.5,000/- to the complainant and if the order is not complied by the op nos. 1 & 2 as per spirit of this order in that case penal action shall be started against them for which for each day’s delay they shall have imposed punitive damages @ Rs.200/- per day till full satisfaction of this order.

          If the op nos. 1, 2 & 4 do not comply this order of this Forum in that case penal proceedings shall be started u/s 27 of C.P. Act for which they shall have imposed further penalty and fine.