Orissa

Cuttak

CC/74/2014

Prakash Kumar Dash - Complainant(s)

Versus

HCL Infosystems Ltd - Opp.Party(s)

C R Nanda

22 Nov 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.74/2014

Prakash Kumar Dash,

At:Aparnanagar(Santiavihar),

PO:Nayabazar,P.S:Chauliaganj,

Dist:Cuttack.                                                                                            … Complainant.

Vrs.

1.        HCL Infosystems Ltd.,

D-233,Sector-63, NOIDA-201301.

 

2.        Director  Sri Rajendra Prasad Dash,

Nigama Comptech & Services Pvt. Ltd.,

S.S.Complex,Link Road,Cuttack..                                                              … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member(W).

 

Date of filing:   01.08.2015

Date of Order:  22.11.2016

 

For the complainant    :   Sri C.R.Nanda,Advocate & Associates.

For the O.P.1                 :   Sri C.R.Dash,Adv. & Associates.

For the O.P No.2           :   Mr. Bikash Jena,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum against the O.Ps for Redressal of his grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to defects in the goods purchased by him and deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. Case of the complainant stated in brief is that on 20.7.2013 he purchased a HCL computer bearing model No.Desktop HCL F0046(61331C 646050).  Monitor HCL 18.5 TFT (7125BG003550C) UPS Zebronics 600va (ZEBP TU11111121998), Printer HP DJ 2010(CN27 D19KH4).  Dongle Micromax Mmx 353g (911221104952155) speaker intex 2000W (2100217034132409493), Antivirus K7 1, user on 20.7.13 on payment of Rs.28,000/- vide invoice N.NIGAMA-CTC/RI-3227 and warranty of one year from O.P No.4 for his personal use.
2. After purchase of the goods the complainant found various defects in its use.
3. Defects found by the complainant are as follows:

1. The computer was not working properly.  On examination of the parts of the computer by the expert or hardware computer, it was found that the parts of the computer as supplied by the O.P.2 were not of original and were duplicates.
2. The complainant was called upon to remove the defects but O.P.2 did not attend the repair work.
3. O.P.2 send a mechanic, who after examination admitted that the computer parts are not of original for which the computer is not working properly.  This HCL computer was loaded with duplicate software.  But HCL computer shop room received the full price of the computer from the complainant for loading the original software.  As per the warranty card, the O.P No.2 is always ready to attend complaint and help the complainant.  The standard of warranty would be in operation for 12 months from the date of purchase.  The replacement of defective spare parts and labour charges only.  The warranty does not cover other accessories and consumables such as batteries, plastic/rubber parts, printer heads, Ac adapter, printer,speaker,head phone, external telecommunication device  cables etc.
4. The complainant gave notice through his lawyer on 22.3.2014 complaining the defects in supply of goods and the deficiency in service.
5. The O.P.2 gave a reply denying all the charges leveled by the complainant so being aggrieved the complainant filed this complaint.

4. The O.Ps entered appearance through lawyer and filed written version.  The case of the O.P No.2 in short is that the terms and conditions as  stipulated in the invoice has clearly mentioned that the goods once sold would not be exchanged or returned.  The further plea of the O.P No.2 is that since the goods/products are sold in their OEM/Box packing, which the complainant verified and being satisfied made the purchase, no subsequent allegation regarding supply of any duplicate or defective goods is permissible and no liability can be imputed on the O.P No.2 in this court.
5. That apart the complainant has specifically admitted that he had got the said goods/products examined by an expert of hardware computer which demonstrates that the said goods were tampered with by some unauthorized person as such any claim regarding the genuineness of the said goods basing upon an assertion made by an unauthorized person is not tenable.  The complainant is entitled to avail the recourse of approaching the principal manufacturer of the authorized service centre, in the event he had a claim pertaining to any defect.  O.P No.2 is neither authorized to receive any complaint and provide any service under warranty nor liable for the same.
6. The O.P No.1 in evidence   affidavit has said that, it is carrying business of manufacturing and selling of computer.  It provides only corrective maintenance service and replacement of defective parts of product for a period of 12 months from the date of purchase through its HCL touch service centers in India.  In case any malfunction or any defect in the product covered under the warranty, the products need to be brought to the service centre for repair, since all the allegations are directed against the respondent No.2 only with regard to non-supply of original computer, the complaint is not maintainable against the O.P No.1.
7. We have gone through the pleadings and the contentions of the parties and perused the documents.  The manufacturer and the authorized dealer have tried to shift their respective responsibilities even in case of malfunctioning of their product.
8. The O.P No.2 has admitted to have received the pleader’s notice served on behalf of the complainant with regard to allegation of supply of duplicate goods/products.  While there is allegation of supply of duplicate product, both the manufacturer as well as the authorized dealer should have taken prompt action to prove the genuineness of their product.  But in the case at hand both the O.Ps have resorted to unfair trade practice and have taken the plea that the complainant had got the goods examined by an unauthorized person.  It is obvious that since the authorized dealer as well as the manufacturer did not take any prompt action to correct the malfunctioning of their product, the customer is bound to take the help of unauthorized persons for the remedy.
9. Besides the above, the O.Ps have not mentioned about the details of the authorized service providers.

ORDER

                                The complaint is allowed and the O.Ps are directed to refund a sum of Rs.28,000/- to the complainant towards cost of the computer.  The complainant will return the defective computer to O.P.2 under acknowledgement and O.P.2 will receive the said computer from the complainant.  The O.Ps will also pay a sum of Rs.15,000/- to the complainant as compensation towards mental agony and Rs.5000/- towards cost of litigation.  The above payment shall be made within 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter of this Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 22^nd   day of November, 2016 under the seal and signature of this Forum.

 

                                     ( Smt. Sarmistha Nath )

                                            Member(W)                                                                                                                                                                                                                                                                                                                                                          (Sri D.C.Barik)

                                                                                                                                  President.

                                                                                                                         (Sri B.N.Tripathy )

                                                                                                                                Member