Tamil Nadu

South Chennai

CC/266/2019

S. Siddhu - Complainant(s)

Versus

HP Inc, GF Global E Business pvt ltd - Opp.Party(s)

m\s Venkatasubramani

27 Dec 2022

ORDER

                                                          Date of Complaint Filed:01.10.2019

                                                          Date of Reservation     :14.12.2022

                                                          Date of Order              :27.12.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:	TMT. B. JIJAA, M.L.,	:	PRESIDENT
	THIRU. T.R. SIVAKUMHAR, B.A., B.L.,	:	MEMBER  I
	THIRU. S. NANDAGOPALAN., B.Sc., MBA.,	:	MEMBER II

 

CONSUMER COMPLAINT No. 266/2019

TUESDAY, THE 27^thDAY OF DECEMBER 2022

S.Siddhu,

S/o Mr. Sekar,

No. 136 B. Nethaji Street,

Senthil Nagar,

Thirumullaivoyal,

Chennai-600 062.                                                                                                                               …    Complainant

-Vs-

1.HP India Head Office, Rep. by its CEO,

   Hp Inc, GF, Global E Business Ops Pvt.ltd,

   No.66/2, Ward No.83,Bagmane tech Park,

   7^th Floor A wing, Embassy Prime,

   CV Raman Nagar,

   Bangalore-560093.

 

2. HP Regional Office. Rep. by its Manager,

    HP Inc, Suite 2, No. 129-140,

    Prestige Palladium - Bayan,

    Chennai-600 006

 

3. Wipro Limited, Rep. by its Manager,

    C/o. Skypro Technologies Pvt. Ltd,

    Door No. 41/14, 1^stFloor, Shree essarar Towers,

    Venkata Narayana Road,

    T. Nagar. Chennai-600 017.

 

4. Om Enterprises, Rep by its Manager,

    26-B, Redhills Road,

    Vinayakapuram,

    Ambattur, Chennai - 600 053.                                                                                             ...  Opposite Parties

 

******

Counsel for the Complainant	:	M/s. K. Venkata Subramani
Counsel for the Opposite Parties	:	Exparte

        On perusal of records, we delivered the following:

ORDER

Pronounced by Member-I, Thiru.T.R.Sivakumhar, B.A., B.L.,

1.    The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Parties jointly and severally to pay a sum of Rs.3,00,000/- towards deficiency in service, for causing mental agony and hardship caused to Complainant and direct the Opposite Parties to replace the defective Laptop viz NOTEBOOK PC PAVILION 15 – BC 406TX with a new properly functioning Laptop with all warranty along with cost.

2.     The averments of Complaint in brief are as follows:-

 The Complainant purchased NOTEBOOK PC PAVILION 15-BC 406TX, Batch: 5CD8507J7B, P.No. 4WC97PA#ACJ, S.No. SCD8507J7B through invoice No.2890/2018-2019 dated 22.03.2019 by paying cash for a sum of Rs. 64,000/- to the 4^thOpposite Party being the authorised dealer of 1^stand 2^nd Opposite parties. Warranty is for one year from the date of purchase ie 22.03.2019. He was studying B.E. in college and purchased the Laptop for his educational purposes and personal use. When he started using the Laptop he found that the battery charge did not last even for one hour. So he informed the 4^th Opposite party about the same on 01.05.2019. On the instructions of the 4^th Opposite party, he registered a complaint on 20.5.2019 ID.No. 5031665672. On 21.05.2019 he took the Laptop to the 3^rd Opposite party who is the authorized service center for HP Laptops. Disappointed with the defective quality of the Laptop, he sought replacement for the same. But the Manager of 3^rd opposite party refused. On 24.05.2019 Laptop opened for the first time by service person to Change Battery. But the battery charge problem continued. On 30.05.2019 the Laptop was opened for the second time to change Mother Board by service person. In the meantime the 1^st ID 5031665672 was closed without his permission. Despite change of mother board and battery both problems continued. So second complaint was registered on 06.06.2019 with ID. 5032445908. This time a new adopter was used but it did not work. On 10.06.2019 the laptop was opened for the third time by the 4^th Opposite party to format Hard Disc. But all the problems continued. On 11.06.2019 the Laptop was opened for the fourth time by the service person to connect DC connector, but due to small size it could not be connected. On 12.06.2019 he took the Laptop to the 3^rd Opposite party. The 3^rd Opposite party checked the Laptop, but could not solve any of the problems. Due to frequent opening of the Laptop by the service person to repair it, the gap between the joints have enlarged. Further even though battery was changed, still Battery charge did not last for few hours, the laptop gets hot even when used for short time, mother board, software was changed but software problem continues and the performance of the laptop is very bad to say the least. Due to frequent problems in the Laptop which remained unsolved he was forced to approach the 3^rd and 4^th Opposite parties repeatedly on various dates, but all the problems in the Laptop continued. Because of which he had suffered severe mental agony, his studies were affected, Quarrel arose between his mother and father,since his father, with the fond hope that the laptop would be helpful for his son’s studies had paid Rs. 64,000/- for the Laptop. Further he belongs to poor family and his father has given his hard earned money to purchase the Laptop for him. The 1^st Opposite party being the manufacturer of the Laptop, has produced a defective Laptop and sold the same to him through the 4^th Opposite party with intention to cheat the consumer by adopting unfair trade practices and in spite of the said defect was brought to the notice of the 3^rd Opposite party, even they could not rectify the defect and the laptop still remains useless and the purpose for which the laptop was purchased remains unfulfilled. The Opposite parties 1 to 4 had miserably failed to address his grievance and he is unable to use his Laptop due to the above mentioned problems in the Laptop. Due to dereliction of duty and negligence on the part of Opposite parties he had suffered loss, could not use the Laptop for his studies, inefficient handling and harassment by the Opposite parties and mental agony besides loss of money and for this the Opposite parties are liable to compensate to the Complainant. Even after receipt of legal notices by the Opposite Parties 2 to 4, despite no response, the Opposite parties had acted in most negligent, irresponsible, casual manner while dealing with genuine claim of the Complainant and acted most deficiently in dealing with his claim. The notice sent to the 1^st Opposite party was retuned. The act of the Opposite parities created more pain and mental agony to him. Hence the complaint.

3.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as  Ex.A-1 to Ex.A-7. The Opposite Parties did not appear before this Commission even after sufficient notice served and remained absent and set exparte.

Points for Consideration:-

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

The dispute of the Complainant is that the Laptop of the 1^st Opposite Party, namely NOTEBOOK PC PAVILION 15-BC 406TX through invoice No.2890/2018-2019 dated 22.03.2019 purchased through 4^th Opposite Party caused problem immediately after purchase with battery issue as the same did not last for an hour, hence he approached the 4^th Opposite Party on 01.05.2019 and reported the same, for which the 4^th opposite Party had directed to lodge a complaint and accordingly on 20.05.2019 he had registered a complaint. Thereafter on 24.05.2019 the battery was changed, even again the battery issue arose with overheating problem and thereafter on 30.05.2019 the Mother Board was changed, even again the issues in battery as well as in Mother Board continued. Unfortunately the Complaint lodged by him on 20.05.2019 was closed without his permission/consent. Hence a second complaint was registered on 06.06.2019, on which a new adopter was used but it did not work. On 10.06.2019 the laptop was opened for the third time to format Hard Disc. But all the problems continued. On 11.06.2019 the Laptop was opened for the fourth time by the service person to connect DC connector, but due to small size it could not be connected. Though on 12.06.2019 he took the Laptop to the 3^rd Opposite party, which was checked but could not solve any of the problems. Due to frequent opening of the Laptop by the service person to repair it, the gap between the joints have enlarged. Further he ails from a poor family and his father’s hard earned money was invested for the purchase of Laptop with a fond hope that the same would be helpful for studies who is doing B.E. The Opposite Parties had negligently and inefficiently handled the issues without resolving the same, which clearly amounts to deficiency of service and by selling a defective Laptop through the 4^th Opposite Party, the 1^st and 2^nd Opposite Parties had committed unfair trade practice. Because of the said acts of the Opposite Parties 1 to 4 the Laptop could not be used for the purpose it was purchased. Hence the Opposite Parties 1 to 4 were liable to replace the Laptop and to compensate for mental agony, loss and deficiency of service.

On careful reading of the Complaint and the exhibits marked in support of the Complaint, it is clear that the subject Laptop of the 1^st opposite Party was purchased through 4^th Opposite party, being the Authorised dealer of the 1^st Opposite Party, as per Ex.A-1. Battery issue and battery failure were evidenced in Ex.A-3, Mail correspondences sent on 20^th May 2019 by the 1^st Opposite Party to the Complainant and by subsequent mail dated 01.06.2019 the Complaint registered under ID No.5031665672 on 20.05.2019 was found to be closed by the 1^st Opposite Party since the battery issue was attended. Further from Ex.A-7 it is evident that the subject Laptop was placed before the 3^rd Opposite Party for certain issues. And Mail dated 06.06.2019 a complaint found to be registered under ID No.5032445908  for Hardware Issues, Power Adapter, Ac adapter not charging Battery. From Ex.A-4 Legal notice dated 04.07.2019 issued to Opposite Parties 1 to 4 explaining the above facts and sought for replacement of the subject Laptop, which was returned by the 1^st Opposite Party and in spite of receipt of the said Legal notice by the Opposite Parties 2 to 4, the issues of the Complainant was not found to be resolved nor replaced with a new Laptop.

In view of the discussions made above and considering the facts and circumstances of the case, it is clear that the Opposite Parties 1 to 4, being the manufacturer, Authorized Service Centre and Authorized Dealer, respectively, had lethargically and negligently failed to resolve the issues of the subject laptop of the Complainant, which persisted in spite of the services done, would clearly proves that a defective Laptop was sold to the Complainant. And the negligent act of the Opposite Parties 1 to 4 clearly amounts to deficiency of Service and the purpose of which the subject Laptop was purchased by the Complainant was not fulfilled by the act of the Opposite Parties 1 to 4 which caused serious mental agony and severe loss to the Complainant. Accordingly Point No.1 is answered.

Point Nos.2 and 3:

As discussed and decided Point No.1 against Opposite Parties 1 to 4, the Opposite Parties 1 to 4 are jointly and severally liable to replace HP Laptop Notebook PC Pavilion 15-BC406TX with a new similar Model Laptop and also to pay a sum of Rs.25,000/- towards deficiency of service and mental agony caused to the Complainant, along with cost of Rs.5,000/-. And the Complainant is not entitled for any other relief/s. Accordingly point Nos.2 and 3 are answered.

In the result, the complaint is allowed in part. The Opposite Parties 1,2 and 4 are directed jointly and severally to replace the HP Laptop Note Book PC Pavilion 15-BC406TX with a new similar Model laptop and he Opposite Parties 1 to 4 are directed to pay a sum of Rs.25,000/-  (Rupees Twenty Five Thousand Only) towards deficiency of service and mental agony caused to the Complainant, along with Rs.5,000/- (Rupees Five Thousand Only), within 8 weeks, failing which the Opposite Parties 1,2 and 4 are directed to refund the sum of Rs.64,000/- being the cost of the said laptop, together with interest @9% p.a from the date of filing i.e., 01.10.2019 till the date of realisation.

          In the result this complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 27^th of December 2022. 

 

S. NANDAGOPALAN	T.R. SIVAKUMHAR	B.JIJAA
MEMBER II	MEMBER I	PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	22.03.2019	Invoice
Ex.A2	22.03.2019	Warranty card
Ex.A3	-	Copies of Mails 4 Nos
Ex.A4	04.07.2019	Legal Notice
Ex.A5	-	Returned Cover from 1st Opposite Party
Ex.A6	-	Acknowledgement cards from 2nd, 3rd, 4th Opposite Parties
Ex.A7	21.05.2019	HP Care Service Call Report

 

List of documents filed on the side of the Opposite Parties:-

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT