Haryana

Ambala

CC/4/2022

Gopal Krishan Gupta - Complainant(s)

Versus

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

Sanjeev Vashist

15 Dec 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	04 of 2022
Date of Institution	:	03.01.2022
Date of decision	:	15.12.2022

 

Gopal Krishan Gupta aged 47 years s/o Sh. S.K. Gupta, R/o House no.126- A/332, Civil Lines, Ambala City.        

……. Complainant

VERSUS

1. Hewlett-Packered (HP) India Sales Pvt. Ltd. Head Office: 24, Salarpuria Arena, Adugodi, Hosur Road, Bangalore-560017 through its Managing Director. Email id. In.contact@hp.com

     2nd Address: Hewlett-Packered (HP) Global soft Pvt. Ltd., EC2 Campus, HP Avenue, Survey no.39 (Part), Electronic City Phase II, Hosur Road, Bangalore-560100 India.

2. M/s M.V. Swaran Computers, SCF no.6, Vikar Vihar, Near ICICI Bank, Ambala City through its Proprietor. Email id: mvswarancomputers@yahoo.com Mob no. 94661-14261.

 

….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Sanjeev Vashisht, Advocate, counsel for the complainant.

                     Shri Vikas Sharma, Advocate, counsel for the OP No.1.

                   OP No.2 already ex parte.       

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

                   a) to refund the full amount of the product i.e. Rs. 37,300/- PLUS   Rs. 1300/- (Total amount Rs.38,600/-) with interest up-to-date @           18% w.e.f. 27.08.2020  till its realization Plus Rs.850/- which was    paid for purchasing of 32 GB Pen Drive PLUS Rs.1,00,000/- for  causing mental harassment and mental agony, unfair trade  practice to the complainant as well as for rendering deficiency in  service  [OR]  Replace the PC and also give  06 months warranty    on the replaced PC to ensure that it is free of defects

b) To pay Rs,25,000/- as cost of litigation.

                             OR

c) Grant any other relief, which this Commission may deems fit. 

2.             Brief facts of the case are that on account of lockdown in the country, the complainant felt need of a laptop for his minor son for his online classes (8^th) in St. Joseph School, Ambala City. Therefore, the complainant purchased  HP Laptop product HP ISSDU2058TU 13/4/1TB/WIN10 bearing Serial number CND02583V6 on 27.08.2020 with Bag and wireless Keyboard and Mouse proto amounting to Rs.37,300/- PLUS Rs. 1300/- (Total amount Rs.38,600/-) from OP No.2. From the date of its purchase, the laptop was running very slow and got hanged all the times and sometimes showed the Black Screen on the PC. The complainant raised this issue before OP No.2 who provided some initial help and updated the software of the PC. When the matter was not solved permanently, than, he was asked to contact OP No.1 on helpline number +786- 482-6615. The complainant sent its complaint to the said number via whatsapp message on 05.12.2020, upon which, he was given whatsapp number-2261014560. Customer support of OP No.1 responded initially and tried to solve the issue but to no avail. Since the school of son of the complainant was re-opened, as such the said PC was used by wife of the complainant but it did not work properly and was very slow and its screen also appeared as black.   However, when the matter was reported to OP No.1, it was told to the complainant that the laptop is out of warranty. Thereafter, though OP No.1 tried to get resolve the issue but to no avail. When the problem was still not resolved, OP No.1 directed the complainant to purchase 32 GB Pen Drive for data transfer from the PC, which was purchased by him for Rs.850/-. After data transfer, the complainant did many steps with the PC in line with the directions given by OP No.1 but still it did not work.  The complainant also visited service centre of OP No.1 at Sysnet Global Technologies (P) Ltd., SCO-UG-4A, First Floor, Behind Nigar Theatre, Ambala Cantt-133001, but he was refused on the ground that the PC is not covered within the warranty. Hence, the present complaint.
3.           Upon notice, the OP No.1 appeared and filed written version and raised preliminary objection with regard to maintainability etc.  On merits, it has been stated that OP No.2 from whom the complainant has purchased the laptop is not the Authorized Dealer/Partner/Service provider of OP No.1. Section 38 (2) (c) of the Consumer Protection Act, 2019 states that "where the complaint alleges a defect in goods, which cannot be determined without proper analysis or test of the goods, the District Commission shall after obtaining a sample of the goods, send it to appropriate laboratory with a direction that such laboratory make an analysis or test, with a view to find out whether such goods suffer from any defect, alleged in the complaint or from any other defect....". The allegations of the complainant in respect of inherent defects in laptop in the absence of an expert report, are not acceptable. The laptop purchased by the complainant is a well established product in the market and over a period of years, the consumers are using the product and the complainant had purchased the laptop, after being satisfied with the condition of the same and its performance. All the products manufactured by OP No.1 are put through stringent control systems, quality checks and tests by the country quality department before being cleared for despatch to the market. The warranty benefits provided by OP No.1 on the said laptop are for a defined period. The warranty is explicit and the terms and conditions of such limited warranty state in unequivocal terms that the warranty coverage extends till the product is depleted or the warranty ends date has reached. OP No.1 is not liable to provide any service to the customer, free of cost, if the customer communicates such fault after the expiry of the warranty period. In the case in hand, the subject laptop is provided with warranty for a period of one year from the date of purchase and as on date it was out of warranty period. The laptops are sophisticated electronic equipment consisting of various minute components and the working of the same depends on various factors such as proper electrical supply, proper handling of the system and the software installed on the system. Any mishandling of the system or installing pirated software would hamper the proper working of the system. The complainant had reported issue/s in the laptop in question within the warranty period, to the chat support team of the OPs, which was attended to promptly. The complainant had to report issue (if any) either to the customer care center or authorized service center of OP No.1 but the complainant has always contacted the chat support team and the said team have supported the complainant with the resolutions. Rest of the averments of the complainant were denied by the OP No.1 and prayed for dismissal of the present complaint with costs.
4.           Upon notice, none appeared on behalf of the OP No.2, before this Commission, therefore, it was proceeded against ex-parte vide order dated 08.03.2022.
5.           Complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 and C-13 and closed the evidence. On the other hand, learned counsel for the OP No.1 tendered affidavit of Girish S, son of Sridhara R, HP India Sales Pvt. Ltd., Salarpuria GR Tech Park, Akash Block, Khatha No.69/3, Whitefield Road, Bangalore, as Annexure OP-X and closed the evidence on behalf of OP No.1.
6.           We have heard the learned counsel for complainant and learned counsel for OP No.1 and carefully gone through the case file.
7.           The learned counsel for the complainant submitted that by selling the defective laptop which was suffering from inherent manufacturing defect and thereafter neither repairing the same nor refunding the price thereof, the OPs are deficient in providing service, negligent and adopted unfair trade practice. 
8.           On the contrary, the learned counsel for the OP No.1 submitted that the complainant communicated regarding the fault in the laptop after the expiry of the warranty period and also he did not ever bring the said laptop in the workshop of the OPs and on the other hand was in touch with the customer care team of the OPs only on chatting, as such, he is not entitled to any relief, on the ground that the laptop in question is suffering from manufacturing defect.
9.           It may be stated here that to seek refund of the product(s)/good(s), it is mandatory for the complainant/buyer to prove that the said product/good is suffering from manufacturing defect. It is significant to mention here that during pendency of this complaint, a letter dated 04.08.2022, Annexure C-8 was written by this Commission to the Principal, Govt. Polytechnic, Ambala City, directing him to depute an Electronics Engineer or Expert person to inspect the laptop in question, qua defect/manufacturing defect therein. Resultantly, Shri Ravinder Singh Punia, Lecturer, Govt. Polytechnic, Ambala City was appointed as Local Commissioner, in the matter. Shri Ravinder Singh Punia, vide his report dated 02.08.2022, Annexure C-11, clearly opined that though the laptop is getting on but the windows software installed in it is not loading properly; that it is hanging during operation; that there is some problem in the hard disk of the laptop where operating system is installed; and that it seems that there is some technical or manufacturing defect in the hard disk of the laptop. Relevant part of the said report is reproduced hereunder:-

“……In reference to the subject noted above I, Ravinder Singh Punia (Lecturer, Govt. Polytechnic, Ambala City have been appointed as local commissioner by the Distt., Consumer Disputes Redressal Forum, Ambala. In this regard it is stated that inspection of above said Laptop was carried out on 07-07-2022 at 10.00 AM at Govt. Polytechnic Ambala City in the presence of Sh, Gopal Krishan Gupta, Complainant and Sh Vikash Sharma, Counsel for OP No1.

 

After inspection it was found that one digit of Sr. No. of laptop is different from the mentioned Sr No in the complaint. The Sr. no mentioned in complaint is CND0258386 but it is written CND02583V6 on the laptop. After further inspection it was found that the said Laptop is getting on but the windows software installed in it is not loading properly. It is hanging during operation. There is some problem in the Hard Disk of the Laptop where Operating System (Windows) is installed. It seems that there is some Technical or Manufacturing defects in the Hard Disk of the Laptop. It is for your information and necessary action.…….”

 

10.           Thus, from the report aforesaid, it is proved that the laptop in question is suffering from manufacturing defects. There is nothing on record to prove that the said report of the expert has been challenged by the OPs. Whereas, on the other hand, it has also been stated by the expert in his report that the complainant and Sh.Vikas Sharma, counsel for OP No.1 were present at the time of inspection of the said laptop. During the course of arguments, counsel for the complainant had pressed his first prayer regarding refund of the amount paid towards the said laptop alongwith interest, compensation and litigation expenses. In this view of the matter, it is held that since it has been proved on record that the laptop is suffering from manufacturing defect, as referred to above, the complainant is entitled to get refund of the amount of Rs.38,600/-, which was paid by him to the OP No.2 vide invoice dated 27.08.2020, Annexure C-1, alongwith interest, compensation and litigation expenses. 
11.           As far as plea taken by OP No.1 to the effect that the laptop was out of warranty, as such, the complainant is not entitled for any relief, it may be stated here that OP No.1 in its written reply has very candidly admitted that the complainant had reported issue/s in the laptop in question within the warranty period, though to the chat support team of the OPs, meaning thereby the defects arose within the warranty period only. In this view of the matter, plea taken by OP No.1 stands rejected.
12.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, jointly and severally are directed as under:-
    1. To refund the amount of Rs.38,600/- to the complainant alongwith interest @4% p.a. from 27.08.2020  onwards.
    2. To pay Rs.5,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
    3. To pay Rs.3,000/- as litigation expenses.    

          The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which the OPs shall pay interest @ 6% per annum on the awarded amount besides litigation expenses, for the period of default. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.              

Announced:- 15.12.2022

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President