(Date: 28/08/2015)   As per :- Hon’ble Mrs. Rupali D.Ghatage, Member

JUDGEMENT

    Facts giving rise to this complaint may be stated, in brief, as follows :-

1.                      The present Complainant is filed under section–12 of Consumer Protection Act, 1986 by the Complainant against the Opposite party Nos.1to 3.

2.                     The notices are served to the Opposite party nos.1 to 3 but they are not appeared before the Hon’ble Forum.  So on 17/07/2015, Hon’ble Forum may please to pass an ex-parte order against the Opposite party no.1 to 3 in the interest of Justice.

3.                     The Opposite party no.1 –Hewlett Packard India Sales Pvt. Ltd.(HP)  a Company dealing with Laptop & Computers, etc. and accessories and the Opposite party no.2- Tata Croma Infiniti retail Ltd. Bombay is dealing with sale of computers & Laptop of No.1 & 3 is ancillary unit for servicing the goods sold by the Opposite party nos.1 and 2.  The Complainant had purchased a Laptop of HP Pavilion DV6-320BTX, dated, 09.07.2011, for invoice no.3007 for Rs.35,393/-from the Opposite party no.2.  The Laptop have 3 years warranty one year from HP and two year from the Opposite party no.2.  The Complainant is working with Laptop at Icahlkaranji and Pune, he had purchased the Laptop to work at Ichalkaranji and Pune. After a six months from purchased date of Laptop started to shut down automatically due to overheating.  The Complainant adjusted somehow for 4 months. The Opposite party no.3 informed the Complainant that the problem was detected in fan and it may be manufacturing defect but the Opposite party no.3 was not sure for the manufacturing defect and they had worked on that and increased the fan speed. After that the Laptop was working just for 5 months  and same problem arised. Again the Complainant went to the Opposite party no.3, they had replaced the fan then Laptop worked for a period of four months only and same problem occurred.  Again the Complainant had tried to convince the matter so many time with the Opposite party no.2 and 3, but they hadn’t taken any action, every time they used to say that it is simple problem and the Laptop is good piece, there is no any serious defect in it. Neither the tried to repair that defect and they convinced the Complainant that it will work properly and wait for sometime but all goes in vein.  The Complainant had went to Opposite party no.3 with Laptop for repairing on 28.06.2014 at that time the Opposite party no.3 has stated that he is unable to rectify the speed problem because it is the defective piece and such type of manufacturing defect cannot be repaired.  The Opposite party no.3 was confirmed on their conclusion that it is a manufacturing defect and it is too hard to repair the same and the Complainant came to know and got confirmation of the manufacturing defect for the first time in June, 2014. 

4.                     As it is found in the warranty period, the Complainant issued notice to the Opposite party nos.2 and 3 on 20.07.2014 which was posted on 22.07.2014 and 30.07.2014 and asked for the replacement of the Laptop.  Opposite party nos.2 and 3had not paid any attention to the Complainant and they informed him that as it is manufacturing defect he had to contact and ask the relief from the Opposite party no.1.  Again the Complainant sent the R.P.A.D. Notice to all the Opposite parties on 19.09.2014.  The Opposite party no.1 had put the proposal to settle the matter amicably by their reply notice.  The Complainant provided all the information as per their requirement. The Complainant tried to discuss the issue with Mr. Nihal the representative of no.1 but all goes in vein. Now the Laptop is in the custody of the Opposite party no.1.  The Complainant had given the notice on 19.09.2014, to settle a grievance or to refund the full amount with an interest (12%) or replace the product along with suitable compensation. The present complaint filed by the Complainant and prayed to this Hon’ble Forum as, the defective Laptop may kindly be replaced with new one from the Opposite party nos.1 and 2 or the amount means the price of Laptop i.e. Rs.35,393/- may kindly be refunded to the Complainant from the Opposite party nos.1 and 2, the Compensation of Rs.50,000/- may kindly be given to Complainant from the Opposite party nos.1 and 2 for the trouble and loss which he had suffered, the expenses of said complaint may kindly be given to the Complainant from the Opposite party nos.1 and 2, all the ancillary relief may kindly may be granted to the Complainant.

5.                     The Complainant has produced on 27.11.2014, the list of documents.  Chronologically as the invoice of Laptop, the warranty letter by the Opposite party no.2, Job sheet with the Opposite party no.3, the notice send by the Complainant to the Opposite party nos.2 & 3, Postal Orders, the not claimed Notices, the notice send by Complainant to Nos.2 &3, by the Opposite party no.2, Reply of No.1 by BSG & Associates, Reply of complaint to BSG & Associates, Ration Card of Complainant, Driving Licence, Election /Voting Card Xerox, etc. On 04.08.2015, the Complainant filed affidavit of Examination in chief on 17.07.2015.  The Complainant filed postal receipts of R.P.A.D. Notices and report of Department of Head Post office of Ichalkaranji, Tal.Hatkangale, Dist.Kolhapur.

6.                     We gone through the complaint, documents and affidavits on record. We take the points that arise for our consideration and record our findings, there against as below.

REASONS FOR FINDINGS:-

Issue no.1 :-  The present Complainant had purchased a Laptop of HP Pavilion DV6-320BTX from the Opposite party no.2 on 09.07.2011 for Rs.35,393/-.  After 6 months from purchase date Laptop started to shut down automatically due to overheating complications.  Complainant went to service centre the Opposite party no.3.  The Opposite party no.3 had worked on that and increased the fan speed of it.  But after 5 months same problems were arise again on 28.06.2014, the Opposite party no.3 has stated that he is unable to rectify the speed problems because, it is defective piece and such type of manufacturing defect can’t be repaired Complainant issued notices to the Opposite party no.2 and 3 and ask for relief from the Opposite party no.1 but they did nothing so by providing unproper and unsatisfactory services to consumer i.e. Complainant, is there deficiency in service on the part of the Opposite party ? For that issue this Forum perused documents which are annexed with this Complainant at Sr.no.1 Invoice of Laptop is produced which bears name of the Opposite party no.2 and the amount of Laptop Rs.35,393/- paid by the Complainant. At Sr.no.3 Job sheet is produced which bear warranty status under warranty problem reported – Speed problem.

            Thus from above documents, it shows that the said Laptop has speed problem.  The Complainant in his affidavit stated that, the Opposite party no.3 is unable to rectify the speed problem because it is the defective piece and such type of manufacturing defect can’t be repaired and it is too hard to repair the same.  After that the Complainant issued RPAD notices to the Opposite party no.2 and 3 and asked relief from the Opposite party no.1.  The Complainant produced on record the notices send which was send by him to the Opposite party no.2 and 3 and postal receipts of the same.  The said Laptop is not delivered to complaint but it is in the custody of the Opposite party no.3.  The Complainant send Notices to the Opposite parties through his advocate but the Opposite party does not give satisfactory responses to it.  The document produced on the record shows that present Laptop is under warranty. The Opposite party no.2 has given 3yrs. Warranty one year from HP and two years from Tata Croma infinity retail limited. 

                        Taking into consideration all documents, Hon’ble Forum came to conclusion that as, the Complainant visits to the Opposite party no.2 many times for resolving the problem of Laptop and the Opposite party no.2 admitted the defect of the same but failed to provide proper and satisfactory services to the Complainant and does not give satisfactory response and reply to the notices of the complaint.  According to principle of privity of contract the liability is on the Opposite parties to provide good services to the Purchasers /Customers even after selling of the goods. 

                        In view of the above documents and pleading of the parties, the Hon’ble Forum come to the conclusion that the Opposite parties failed to provide proper and satisfactory service, to the Complainant which amount to the  deficiency in services on the part of the Opposite parties, so answer of Issue no.1 is given in affirmative.

Issue Nos.2 and 3 :-

            By considering issue no.1, the Opposite parties failed to provide proper and satisfactory services to the Complainant.  So, the Opposite parties are hereby directed jointly and severally to replace the defective Laptop by new one or to pay the amount means the price of said Laptop i.e. Rs.35,393/- to the Complainant and also directed to pay sum of Rs.3,000/- compensation towards trouble and loss to the Complainant.  So the answer of Issue nos. 2 and 3 is given in affirmative.

            Issue no.4  :- As per the order.

ORDER

1.  The complaint is partly allowed.
2.  The Opposite parties are hereby directed jointly and severally to replace the defective Laptop by new one or to pay the amount means the price of said Laptop i.e. Rs.35,393/- to the Complainant.
3.  The Opposite parties are jointly and severally directed to pay Rs.3,000/- compensation for trouble and loss to the Complainant.
4. The Opposite parties are directed to comply the order within 30 days from the date of order.
5. Certified copies of this order to be furnished by both the parties free of costs, as per rules.