BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 22nd day of November 2017
Filed on : 19-05-2015
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.306/2015
Between
Suresh K, : Complainant
S/o. M. Karunakaran Nair, (By Adv. Dhanya babu,
23/2300, Sarampikal, Jewel Justitia chambers, 2nd floor,
Vattathara Lane, Anand Bazar, Ernakulam South,
Ernakulam, Kochin. Ernakulam-682 018)
And
1. Hewlett Packard India, Sales : Opposite parties
Pvt. Ltd., Rep. by its General (1st O.P. By A.A. Jaleel, Chamber
Manager in Bangalore Sales No. 142m 1st floor, JGCAAGJ,
– Salaspuria Arena(SAU)24, Chamber Complex, Near High Court,
Salapuria Aruna Hosur, Ernakulam, Kochi-31)
Main Road, Adugodi,
Bangalore-560 030.
Karnataka.
2. Oxygen the Digital Shop, (2nd O.P. By Adv. Saji Mathew,
Door No. CC.32/1487, S.G. Chancery Chambers,
NH by pass, Near Pipe Line, Kochi-18)
Palarivattom-682 025,
rep. by its authorized officer,
Branch Manager.
3. Maha Electronics Pvt. Ltd.,
Now Known as Ensure Support
Services India Ltd.,
HPAuthorised Service Centre,
1st floor, SR complex, 39/3723,
Ravipuram Road,
Ernakulam Cochin-682 016, rep
by its authorized officer Anand,
Manager.
O R D E R
Cherian K. Kuriakose, President.
1. Complainant's case
2. The complainant purchased an Hp Pavillion-2104 Tu Laptop on 27-08-2012 manufactured by the 1st opposite party, from the 2nd opposite party on payment of an amount of Rs. 22,857/- towards its price. It was purchased for his mother doing online business in share market. On 15-09-2014 the complainant gave the laptop to the 3rd opposite party to clear the defects of the keyboard of the laptop and to clean the same. On 22-01-2015 the complainant was intimated by the 3rd opposite party that the laptop was ready and the keyboard has been changed. An amount of Rs. 6,083/- was collected from the complainant and when the complainant attempted to power-on the laptop, it was not getting started. When this fact was intimated to the staff of the 3rd opposite party, they asked the complainant to return this laptop and accordingly on 24-01-2015 the laptop was given to the 3rd opposite party for repairs. However, they were not able to repair the laptop and it was completely damaged due to the deficiency of the 3rd opposite party. The 3rd opposite party being the authorized service agent of the manufacturer, the 1st opposite party is liable to replace the laptop and to refund the amount collected from the complainant by way of service charges by the 3rd opposite party. The complainant also prayed for a direction to pay the compensation to the tune of Rs. 1,00,000/- and rent of laptop to the tune of
Rs. 50,000/- and costs of the proceedings.
3. Notices were issued to the opposite parties. Opposite parties 1 and 2 appeared and contested the matter . Opposite party 3 did not appear to contest the matter.
4. The 1st opposite party in its version contended that the complaint itself is an abuse of process of law and is not maintainable. There is no consumer dispute between the complainant and the opposite party. There was no proved manufacturing defects for the laptop or was there any deficiency in service on the part of the 1st opposite party. No expert evidence was produced to substantiate that there was any manufacturing defects. The opposite party had complied with all the warranty conditions during the subsistence of the warranty. The laptop was out of warranty when it was entrusted to the 3rd opposite party and all the repairs were chargeable. The 1st opposite party therefore denies all the liabilities alleged against them.
5. The 2nd opposite party filed their version contending that the 2nd opposite party was not aware whether the laptop was within the warranty period or not. The 2nd opposite party has no vicarious liabilities for the dealings of the complainant with the 3rd opposite party. The complaint is therefore liable to be dismissed.
6. When the matter came up for complainant's evidence the complainant did not adduce any oral evidence. However, Exbt. A1 to A8 documents were marked. The opposite parties did not adduce any evidence.
7. The following issues were settled for trial.
i. Whether the complainant had proved that there was any deficiency in service on the part of the opposite parties as alleged?
ii. Reliefs and costs.
8. Issue No. i. The complainant purchased the laptop from the 2nd opposite party as per Exbt. A1 retail invoice, which specifically had noted that there was no warranty for software . The date of purchase was 27-08-2012 . Exbt. A2 is a service call report dt. 15-09-2014 issued by the 3rd opposite party for cleaning the laptop and to attended the complaint regarding keyboard. Exbt. A3 is a letter issued by the complainant Shri. Suresh to the 1st opposite party regarding the delay in delivery, the laptop to the 3rd opposite party after repairs. Exbt. A4 would go to show that the concern of the complainant was communicated by the 1st opposite party to the 3rd opposite party. On 24-01-2016 the 3rd opposite party issued an acknowledgment for having received the laptop on a complaint that the power switch was not getting on and the laptop was hanging. On 6th March 2016 the complainant had issued an e-mail communication to the 1st opposite party alleging that the 3rd opposite party did not return the laptop to the complainant after repairs. The 1st opposite party had intimated the complainant that the query was forwarded to the concerned team for assistants. Again on 19-03-2015, the complainant had issued an e-mail communication to the 1st opposite party alleging non-delivery of the laptop after its repairs. A repeated complaint of non-delivery of the laptop by the 3rd opposite party was aired by the complainant on 27-03-2015 , as seen from Exbt. A8 e-mail communication. This complaint was also forwarded by the 1st opposite party to the 3rd opposite party without any positive results.
9. It is seen that the 3rd opposite party on tendering the notice from this Forum by the postman had refused to accept the same. Exbt. A5 copy of job card having number 2158 dated 24-01-2015 would going to show that the laptop was received by the 3rd opposite party for attending the repairs. The allegations of the complainant that he did not receive the laptop even till the filing of the complaint has been proved through Exbt. A6 to A8 . It is true that the complainant did not produce any warranty documents to support his case that the 1st opposite party was liable under warranty. In the absence of any documents to prove that there was any subsisting warranty with regard to the laptop concerned, we find that the 1st and 2nd opposite parties cannot be saddled with any liability in this case. However, the 3rd opposite party having not deliver the lap top to the complainant after carrying out due repairs, we find that the 3rd opposite party is liable for having committed deficiency in service. Issue is therefore partly found in favour of the complainant .
10. Issue No. ii. In the result, we allow the complainant in part
i. directing the 3rd opposite party to deliver the laptop accepted by them for repairs as per Exbt. A5 within a period of one month from the date of receipt of a copy of this order.
ii. We further direct to the 3rd opposite party to pay Rs. 10,000/- towards compensation for the delayed delivery of the laptop to the complainant , within a period of one month from the date of receipt of a copy of this order. Belated payment would carry interest @12% p.a. from 19-05-2015 the date of filing the complaint till the date of realization.
iii. The 3rd opposite party is liable and the complainant is entitled to receive Rs. 3,000/- towards costs of the proceedings from the 3rd opposite party.
Pronounced in the open Forum on this the 22nd day of November 2017
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent
Appendix
Complainant's Exhibits
Exbt. A1 : Copy of retail invoice dt. 27-08-2012
A2 : Copy of service call report dt. 15-09-2014
A3 : Copy of G-mail dt. 12-01-2015
A4 : Copy of e-mail dt. 12-01-2015
A5 : Copy of ensure service
A6 : Copy of g-mail dt. 06-03-2015
A7 : Copy of g-mail dt. 19-03-2015
A8 : Copy of g-mail dt. 27-03-2015
Opposite party's exhibits: Nil
Copy of order despatched on:
By Post : By Hand:
