Andhra Pradesh

Visakhapatnam-II

CC/26/2012

Ghantasala Ashok Kumar - Complainant(s)

Versus

HEWLETT - PACKARD - Opp.Party(s)

T.V.S.K. Kanaka raju

13 May 2015

ORDER

                                              Date of Registration of the Complaint:01-02-2012 

                                                                                                Date of Order:13-05-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                          Wednesday, the 13^th day of May, 2015.

                             CONSUMER CASE No.26/2012

Between:-

Mr. Ghantasala Ashok Kumar,

S/o G. Nageswara Rao, Hindu, aged 23

years, MBA Student, GITAM School of

International Business, R. No. 507-C,

Vinay Sadan, GITAM Boys Hostel,

GITAM University, Visakhaptnam.

                                                                                                     ….. Complainant

And:-

1.HEWLETT-PACKARD, Development

   Company, Corporate Office, rep. by its

   Chief Executive Officer, Hewlett Packard

   India Sales Pvt. Ltd., 24, Salapurla Arena,

   Adugodi, Hosur Road, Bangalore-560 030.

2.HP Authorized Service Centre, Maha Electronics

   Pvt. Ltd., D. No. 47-11-3, Eswar Homes, 1^st lane,

   Dwarakanagar, Visakhapatnam.

                                                                                        …  Opposite Parties

                     

This case coming on 08.04.2015 for final hearing before us in the presence of Sri T.V.S.K. Kanaka Raju, Smt. M.A.S. Prabha, Sri D. Apparao, Sri V. Satish, Sri Y.N. Srinivas & Sri M.V.B. Sriram Murthy, Advocates for the Complainant and Sri N. Prabhakara Rao and Sri K.V. Narayana Murty, Advocates for the 1^st Opposite Party and the 2^nd Opposite Party being exparte and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant HAS purchased a HP laptop product No.VB624PA, Serial No. CNF9171HDC, Model No.dv6-1110AX on 31.07.2009 by paying Rs.48,000/- (Rupees Forty eight thousand only) to the Opposite Parties.   Right from the date of its purchase the product was not functioned properly within the first 3 months of its purchase the laptop showed no display on the screen when the power was on.  The Complainant immediately approached the authorized HP Service Centre, Somajiguda, Hyderabad.   The service centre people have retained the laptop with them for about 10 days and then returned the product that the problem has been rectified.   After few months the same problem was faced by the Complainant.   Then the Complainant approached the 2^nd Opposite Party again the problem was rectified by the 2^nd Opposite Party, and returned the product on 17.06.2010.   On 27.07.2010 to 09.09.2010 the same problem occurred.   The 2^nd Opposite Party retained the laptop under the guise of attending to its repairs.   Inspite of many requests made by the Complainant, the Opposite Parties did not rectify the problem nor refund the cost of laptop to the Complainant till now.    Hence, this Complaint. 

2.       a) directing the Opposite Parties jointly and severally to pay the amount of Rs.48,000/- (Rupees forty eight thousand only) towards the cost of laptop paid by the Complainant together with interest @ 24% p.a. from the date of Complaint;  

          b) by directing the Opposite Parties to pay Rs.5,000/- (Rupees five thousand only) towards the cost of the complaint;

         

3.       The 2^nd Opposite Party did not appear before this Forum as it was set exparte and remained exparte.

 

          The 1^st Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   The 1^st Opposite Party stated that the Opposite Party rectified the defects in the said laptop whenever the problem reported by the Complainant.   As there is no warranty to the product the 1^st Opposite Party intimated and estimate  Rs.23,555/- to the Complainant towards further repair of the laptop on 31.07.2010 according to their terms and conditions of the warranty.   But the Complainant did not accept for the same.   After warranty the 1^st Opposite Party has no liability to repair the said product at free of cost.   So, they have no liability to pay any reliefs asked by the Complainant.

 

 

 

4.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.      Exs.A1 to A6 are marked for the Complainant.    No documents were marked for the 1^st Opposite Party.   Heard both sides.

 

5.       Ex.A1 is the HP E-mail Warranty Status Results.  Ex.A2 is the Service Call Report dated 17.06.2010.    Ex.A3 is the Service Call Report dated 09.04.2010   Ex.A4 is the e-mail correspondence dated 16.11.2010.   Ex.A5 is the Quotation/Pro-forma Invoice dated 16.11.2010.   Ex.A6 is the e-mail correspondence dated 25.11.2010.

 

6.       The fact shown from Ex.A1 reveals that the Opposite Party addressed to the Complainant through e-mail stating that the warranty has expired on 31.07.2010.      As per Exs.A4 and Ex.A5 the 1^st Opposite Party offered a quotation of Rs.23,555.61 paise for approval of the Complainant to repair the said laptop, because the warranty has expired on 31.07.2010.

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.   Whether the Complainant is entitled to any reliefs asked for?

 

8.         After careful perusal of the case record, this Forum finds that the  Complainant purchased the HP laptop on 31.07.2009.    The Complainant as well as the Opposite Parties admitted that the warranty period ended on 31.07.2010, whereas the Complainant approached this Forum on 14.11.2011 clearly more than one year 3 months after expiry of the warranty period.    As such the main relief sought by the Complainant,  “directing the Opposite Parties jointly and severally to pay the amount of Rs.48,000/- towards costs of laptop paid by the Complainant together with interest @ 24% p.a. from the date of complaint”   cannot be entertained by any stretch of imagination as the warranty period expired long back, the Complainant has to get his laptop repair by paying the repair cost to the Opposite Parties.    In the circumstances, there is no deficiency in service on the part of the Opposite Parties.   The Complainant has to make his own arrangements to get his laptop repair there cannot be any stipulated duty on the part of the Opposite Parties to repair the Complainant’s laptop.   In the circumstances, this complaint is liable to be dismissed in limini.  

 

9.       In the result, this Complaint is dismissed.    No costs.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 13^th day of May, 2015.                          

Sd/-                                        Sd/-                                    Sd/-                                  

President                              Male Member                      Lady Member

                                     

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	31.07.2010	HP E-mail Warranty Status Results.	Net copy
Ex.A02	17.06.2010	Service Call Report No.4616009531issued by the 2nd OP	Office copy
Ex.A03	09.09.2010	Service Call Report No.4622400010 issued by the 2nd  OP	Office copy
Ex.A04	16.11.2010	e-mail correspondence copy from Maha Electronics Case No.4622400010	e-mail copy
Ex.A05	16.11.2010	Quotation/Proforma Invoice No.4622400010	e-mail copy
Ex.A06	25.11.2010	e-mail correspondence copy	e-mail copy

For the Opposite Parties:-            

                  

                                                -Nil-  

Sd/-                                 Sd/-                                                Sd/-

President                          Male Member                                Lady Member