Chandigarh

DF-I

CC/67/2015

Atul Mittal - Complainant(s)

Versus

Hewlett Packard India Sales Pvt. Ltd. - Opp.Party(s)

Chand Deep Jindal

26 Jun 2015

ORDER

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

============

Consumer Complaint  No	:	CC/67/2015
Date  of  Institution	:	04/02/2015
Date   of   Decision	:	26/06/2015

 

 

 

 

 

Atul Mittal s/o Shri Ved Parkash, presently residing at House No.3331, Sector 51-D, Police Society, Chandigarh.

 

….Complainant

Vs.

 

[1]  Hewlett Packard India Sales Pvt. Ltd., Building No.2, DLF Cyber Green 1^st to 5^th Floor, Towers D & E, DLF Cyber City, Phase-III, Gurgaon – 122022, through its Managing Director.

 

[2]  Aforeserve Service Centre, Hewlett Packard India Sales Pvt. Ltd., SCO No.121-123, 3^rd Floor, Near Dropping Restaurant, Sector 34-A, Chandigarh, through its Authorized Official/ Proprietor.

 

[3]  Croma Store, SCO 57, Madhya Marg, Sector 26, Chandigarh, through its Proprietor/Partner.

 

…… Opposite Parties

 

 

BEFORE:   MRS.SURJEET KAUR             PRESIDING MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

 

For Complainant	:	Sh. Chand Deep Jindal, Advocate.
For OP No.1 & 2	:	Ex-parte.
For OP No.3	:	Sh. Manav Shukla, Representative of OP No.3.

 

PER SURJEET KAUR, PRESIDING MEMBER

 

 

 

          In brief, the Complainant had purchased a Laptop make HP from Opposite Party No.3 on 04.06.2014, carrying warranty of one year. It has been alleged that after some time, the said Laptop developed hard disk relating problem, which was reported to the Opposite Parties on 01.08.2014, upon which the hard disk was changed by the Opposite Party No.2 on 08.08.2014. Thereafter, on account of boot issue, the same was got repaired from Opposite Party No.2 on 23.09.2014, 22.10.2014, 30.10.2014 and 31.10.2014 respectively. However, when despite repeated repairs, the Opposite Party No.2 failed to rectify the defect, a request was made to the Opposite Parties to either replace or refund the price of the Laptop, which was not acceded to. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case. However, the Opposite Parties No.1 & 2 did not turn up despite service, hence they were proceeded ex-parte vide order dated 13.04.2015 and 27.04.2015.

 

3.     Opposite Party No.3 in its reply while admitting the sale of the laptop in question has pleaded that answering Opposite Party is only a retailer and is not liable for any manufacturing defect in the goods.  Denying all other allegations and stating that there is no deficiency in service or unfair trade practice on its part, Opposite Party No.3 has prayed for dismissal of the complaint.

    

4.     Parties were permitted to place their respective evidence on record, in support of their contentions.

 

5.     We have perused the record, along with the written arguments filed on behalf of the Complainant.

 

6.     The case of the Complainant is that he purchased a Laptop make HP bearing no. PAV15-N003TX 39CM with CC Serial No.5CD3342HOR from Opposite Party No.3 on 04.06.2014, with one year warranty, for Rs.38,241.50/-. Annexure C-2 is the job-sheet dated 01.08.2014, vide which the hard disk of the product was replaced i.e. just within two months of its purchase. Still the problem in the product in question could not be resolved, despite the major repairs carried out by the Opposite Party No.2, as discussed above. It is evident that various defects were often rectified by the Opposite Party No.2 vide Annexure C-4 to C-6 within a short time of its usage.

 

7.     The stand taken by the Opposite Party No.3 (Retailer) is that it being only a Retailer is not liable for any manufacturing defect in the Laptop in question.

 

8.     It is important to note here that Opposite Parties No.1 & 2 have not appeared to contest the claim of the Complainant and preferred to proceed ex-parte which draws an adverse inference against them. The evidence of the Complainant has gone unrebutted against Opposite Parties No.1 & 2.

 

9.     After a careful perusal of the file, we are of the considered opinion that so many repairs as per Annexure C-3 to C-6 even after replacement of the hard disk vide Annexure C-4 with a short span of two months of its purchase, points out towards the poor quality of the product. Therefore, the act of the Opposite Parties No.1 & 2 in supplying defective/ sub-standard product with reoccurrence of various problems in the same and non-rectification of these defects to the utmost satisfaction of the Complainant, proves deficiency in service on their part, which certainly has caused immense, mental and physical harassment to the complainant.

 

10.     In the light of above observations, the present complaint of the Complainant deserves to succeed against the Opposite Parties No.1 & 2, and the same is allowed. The Opposite Parties No.1 & 2 are directed, jointly & Severally:-

 

[a]  To refund Rs.38,241.50/- being the invoice price of the HP-Pav15-N003TX 39CM Laptop along with interest @9% p.a. from the date of payment, till realization, and take back the defective Laptop, from the complainant, at their expenses;

 

[b]  Pay Rs.10,000/- on account of deficiency in service and causing mental and physical harassment to the Complainant; 

 

[c] Pay Rs.7,000/- towards costs of litigation;

 

 

          The Complaint fails against Opposite Party No.3.

 

11.     This order shall be complied with by the Opposite Parties No.1 & 2 within one month from the date of receipt of its certified copy; thereafter, they shall pay the amount at Sr.No.[b] above with interest @ 12% per annum from the date of filing of the complaint, till realization, besides complying with directions at Sr. No.[a] and [c] above.

 

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

Announced

26^th June, 2015                          

Sd/-

(SURJEET KAUR)

PRESIDING MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER