CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)x
New Delhi – 110 016
Case No. 60/2010
MR. SARVESH KUMAR GAUR
S/O SHRI HARI KISHAN GAUR
R/O 27, BASANT GAON,
NEW DELHI-110057
………. COMPLAINANT
Vs.
- M/S R.T OUTSOURCING SERVICES LIMITED
B-81, OKHLA INDUSTRIAL AREA, PHASE-II,
NEW DLEHI-110020
- IN TRAVO TECHNOLOGIES LTD.
HP SERVICE CENTRE,
33-A, INDUSTRIAL AREA,
OPPOSITE KIRTI NAGAR METRO STATION,
RAMA ROAD, NEW DELHI-110015
- ASCENT INFOSOLUTIONS
B-6/1, SECTOR-5, ROHINI,
-
- HP INC.
SURYA HOTEL TD SITE (NDH)
CROWN PLAZA SURYA -E-F
NEW DELHI-110065
………….RESPONDENTS
Date of Order: 12/12/2018
O R D E R
Ritu Garodia-Member
The complaint pertains to defect in product and deficiency in service on part of OP. The complainant purchased a laptop on 17/5/2007 from OP1 with one year warranty. The warranty expired on 16/5/2008. The OP Company offered a renewal warranty. The complainant paid the charges and his warranty was extended up to 8/5/2010. The complainant took the laptop for repair on 4/6/2007, 8/10/2007, 24/3/2008, 7/5/2008, 30/6/2008, 10/7/2008, 17/11/2008, 24/1/2009, 13/3/2009 and 29/10/2009. It is stated that the defect has not been rectified. The complainant prays for refund of the cost of laptop along with compensation. The complainant has filed legal notice, reply to legal notice, service report and invoice.
OP1 filed a reply stating that it is authorised service centre of HP. It is stated that there was some display problem in the laptop and job sheet dated 17/11/2018 was issued. The problem was rectified by replacing the system board and same was delivered to the complainant on 27/11/2008. It is further emphasised that OP1 has been discharging its duty diligently and providing all possible services.
The complainant has clarified in the rejoinder that though the laptop was returned in November, 2008 but defect continued. The complainant has approached the service centre again 24/1/2009, 13/3/2009 and on several other occasions. The defect in laptop was not rectified. He has also filed certificate for extended warranty.
OP2, 3 and 4 did not file their reply and were proceeded ex-parte.
We have considered the pleadings and documents filed by the parties. The invoice dated 17/5/2007 shows that the complainant has paid Rs.32,000/- for notebook Compaq Presario V3155. The complainant has filed also a certificate dated 25/2/2008 for HP care pack services. It also shows that the expiry date to be 8/5/2010.
Several job sheets have been annexed.
The job sheet dated 4/06/2007 shows :
Problem reported: intermittently sound is not coming from speaker.
Demo Engineering Diagnosis: if formatting is not required plz do not format before formatting update the - imp data as per customer.
The job sheet dated show 8/8/2007 shows:
Problem reported: battery backup is low 30 to 40 minutes.
Demo engineer diagnosis: no important data as per customer
The job sheet dated 24/3/2008 show:
Problem reported: system hangs a lot while working battery backup is low, wireless is not working.
Demo engineer diagnosis: system is slow. No important data as per customer.
Miscellaneous comments: Dummy not received slot empty. Card is stuck inside card reader check if it can be taken be taken out or not marked and scratched
The job sheet dated 7/5/2008 shows:
Problem reported: no display issue
Demo engineer diagnosis: no display on external monitor and battery is not giving proper backup. No important data as per customer.
The check list reveals that motherboard and battery were replaced.
The job sheet dated 30/6/2008 shows:
Issue reported: no display. One white spot as per customer
Diagnosed: Data important. No data recovery
The job sheet dated 10/7/2008 shows:
Issue reported: white spot on TFT screen
Diagnosed: data important.
The job sheet dated 17/11/2008 shows:
Issue reported: No display DVD-RW is not working and also check QLR . also check battery backup.
The job sheet dated 24/1/2009 show:
Issue reported: Acctocv. M/S power on but no display. Optional drive not R/W CD/DVD & need to check.
Demo engineer Diagnosis: wi fi & lan & sound very low.
The job sheet dated 13/3/2009 show:
Issue reported: no display issue, PRV case: 260546984. PC3 check thoroughly. DVD not writing.
The job sheet dated 29/9/2009 shows:
Issue reported: flickering issue, display issue, sound issue, lan(net lan port) is not working
The job sheet dated 29/10/2009 shows:
Issue reported: flickering display
Demo engineer Diagnosis: refix the LCD panel notebook is working.
Finally the complainant sent a legal notice on 30/10/2009.
The sequence of repair is ample proof of repeated failures of key components in laptop, almost immediately after purchase. There were problems with battery, speaker and display panel. It was taken for repair eleven times within two and half years. The frequent visit to the service centre to rectify one defect after another from time to time can lead to only conclusion that laptop suffered from inherent manufacturing defect. Several problems noticed from time to time persisted despite frequent repair/change of components. Hence we find OP4 guilty of selling defective product and direct it to refund 32,000/- with 9% interest from date of purchased till payment.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(RITU GARODIA) (H.C SURI) (A.S YADAV)
MEMBER MEMBER PRESIDENT
