Chandigarh

DF-II

CC/290/2017

Piyush Gaur - Complainant(s)

Versus

Hewlett Packard, HP Service Centre - Opp.Party(s)

In Person

28 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	290 of 2017
Date  of  Institution	:	24.03.2017
Date   of   Decision	:	28.09.2017

 

 

 

 

Piyush Gaur s/o Sh.Raman Gaur, Resident of House No.380, Mamta Enclave, Dhakauli, Zirakpur (Punjab)

             …..Complainant

Versus

1]  Hewlett Packard, HP Service Centre, Sysnet Global Technologies Pvt. Limited, SCO No.146-147, 2^nd Floor, Sector 34-A, Chandigarh 160034

2]  Hewlett Packard Inc. 2F, Tower D & E, Building No.2, DLF Cybergreen, DLF Cybercity, Phase-III, Gurgaon, Haryana, Pin 122002

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER 

 

Argued by: Complainant in person.

 OP No.1 exparte.

 None for OP No.2.

 

PER RAVINDER SINGH, MEMBER

 

 

          Briefly stated, the complainant purchased HP Pavilion Laptop Model No.NB11K107Tux360 from G. K. Enterprises, Sector 20, Chandigarh on 30.1.2016 for Rs.34,680/- carrying one year warranty  (Ann.C-1).  It is averred that after just 5 days of usage, the problems in touch screen and other software error started to appear; the HP Customer Care was contacted, who reset the laptop and closed the complaint on 10.2.2016 (Ann.C-2). It is averred that after 2.5 months again problems started to appear where the laptop got hanged/rebooted whenever any software was installed and the laptop was unable to install normal printing drivers. The matter was reported to the OPs, whereupon the laptop was operated by the care through HP Remote Control and necessary charges were done to the drivers and made functional after a week (Ann.C-3).  It is averred that in Oct-Nov., 2016 many problems again started in the laptop, resulting in hanging and other restart problems and this was again reported to OPs and they again told to do the recovery by reinstalling the operating system (Ann.C-4).  The complainant also brought the problems to the notice of OPs by sending e-mails (Ann.C-5 & C-6).  It is submitted that the complainant had even purchased the HP Recover USB Kit by paying an amount of Rs.2625/- (Annexure C-8 & C-9) though the laptop was under warranty, but inspite of all that, the problem in the laptop did not end and it started rebooted after few minutes of using it.  Thereafter, the service engineer of OPs visited the complainant and replaced WLAN hardware chip and reinstalled the windows, but even then the laptop did not work properly and gave problem like rebooting, hanging and few errors occurred earlier. The complainant again visited the service centre of OPs, but was informed that there is some motherboard issue, which needs to be replaced and it costs around Rs.15,000/- as the devise is now not under warranty.  It is submitted that the service centre did not take any care and returned the laptop.  It is also submitted that the complainant even emailed to HP regarding the issue by replying to their complaint closure email but no reply ever came from HP. Alleging the above act & conduct of the OPs as deficiency in service, hence this complaint has been filed.

 

2]       The Opposite Party NO.1 did not turn up despite service of notice sent through regd. post on 9.5.2017, hence it was proceeded exparte vide order dated 7.7.2017. 

         The Opposite Party No.2 has filed reply and while admitting the factual matrix of the case, stated that there are no known issues, manufacturing defects or technical faults in the laptop.  It is submitted that problems reported by the complainant was promptly attended to and resolved by the service centre of the Opposite Party and the case was closed on 10.2.2016.  It is also submitted that on another complaint dated 6.2.2016, it was noticed that the recovery was getting stuck at 56%, hence the complainant was advised to buy Recovery CD on chargeable basis as the same was not covered under warranty, but the complainant had refused buying the same informing that he has resolved the issue by himself.  It is further submitted that on 19.11.2016, the complainant lodged a complaint, which was resolved by replacing the WLAN card, reinstalling the operating system and updating the drivers and ensured the perfect functionality of the laptop. It is also stated that Opposite Party is ready and willing to diagnose and resolve the issues, if any, in the laptop and the complainant is at liberty to approach Opposite Party or its customer care and get the issues resolved as per terms of warranty. It is further stated that Opposite Party is not liable for refund of the costs of the laptop or to pay the compensation.  Pleading no deficiency in service and denying rest of the allegations, the Opposite Party No.2 has prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person and have also perused the entire record.

 

6]        It is a proved fact that the complainant purchased HP Pavilion Laptop Model NB 11 K107TUX360 of Opposite Party Company from G.K.Enterpises, Sector 20-C, Chandigarh on 30.1.2016 by paying an amount of Rs.34,680/- (Ann.C-1). 

 

7]       The reply of OPs No.1 & 2 reveals that the averments set out by the complainant in his complaint regarding complaints lodged with them about the malfunctioning of laptop on three/four occasions, attending the same, advising the complainant to buy Recovery CD on chargeable basis and the replacement of WLAN card, reinstalling the operating system and updating the drivers, are admitted, thus requires no separate evidence to prove the same. 

 

8]       The above admission on the part of the OPs No.1 & 2 infers that Laptop purchased by the complainant developed snags within short span of its purchase. This discloses that the very purpose of the purchase of the Laptop got defeated because the complainant could not enjoy its smooth functioning as it was giving problem time & again and the complainant has to run behind the Opposite Parties to get it repaired. Even after the repairs carried out by the OPs, still the device is not functioning well and in such scenario, the complainant cannot be forced to face constant struggle to get the same rectified time & again.

 

9]       Earlier also, it has been observed by this Forum that the electronic gadgets etc. are purchased in order to save the time and not to spend the precious time again & again on getting the gadgets repaired.  It is the prime duty of the manufacturers as well as the Service Centres to ensure the smooth and trouble free functioning of the gadget giving value for money to the buyer. As the Manufacturer and Service Centre have failed on this account, so it is held that the Opposite Parties are liable to make the refund of the amount spent by the complainant on the purchase of the faulty machine/laptop in question.   

 

10]      In view of the foregoing discussion, we are of the opinion that the complaint deserves to be allowed against all Opposite Parties. Accordingly, the complaint is allowed against all the OPs.  The Opposite Parties are jointly & severally directed as under:-

1. To refund an amount of Rs.34,680/- being the invoice price of the laptop in question as well as Rs.2625/- being the cost paid for the USB Recovery Kit, to the complainant,
2. To pay an amount of Rs.8,000/- to the complainant as compensation for causing him mental & physical harassment for deficiency in service;
3. To pay litigation expenses of Rs.5000/-

         This order shall be complied with by the Opposite Parties within a period of 30 days from the date of receipt of copy of this order, failing which the Opposite Parties shall also be liable to pay interest @9% p.a. on the compensation amount from the date of filing of this complaint till realization, apart from complying with the directions as at sub-para (i) & (iii) above.

 

11]      However, Opposite Parties may collect the Laptop as well as USB Recovery Kit in question from the complainant, against receipt, only after making payment of the complete awarded/decreetal amount to the complainant.

        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

28^th September, 2017            

                                                                                      Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER