DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 14 of 2019

 

Present address:

Shri Nabakumar Das,

S/O.-Shri Narayan Ch. Das,

Address-Kamalghat Opposite of ICFAI University, Tripura Mohanpur,

Agartala, West Tripura, Pin-799210. 

 

Permanent address:-

Shri Nabakumar Das,

S/O.-Shri Narayan Ch. Das,

Address-Boulapassa, Kailashahar, Pin-799277,

Dist.-Unakoti Tripura, .…..….................................Complainant.

 

                 -VERSUS-

 

1). HP Inc.

GF. Global e Business Ops Pvt. Ltd.,

No.66/2, Ward No.-83, Bagmane Tech-Park,

7th Floor – A Wing “Embassy Prime” CV Raman Nagar,

P.C.-5600093, Bangalore,

Karnataka…..................................................Opposite party.  

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

 

For the Complainant : In person. 

 

For the O.P. : None appeared.   

 

 

JUDGMENT  DELIVERED  ON: 30/ 05/2019

J U D G M E N T

The complainant Shri Nabakumar Das, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act 1986 complaining deficiency of service committed by the O.P. 

  The complainant's case, in brief, is that in the year 2016 he had purchased one HP Laptop on consideration of Rs.36,000/- from the O.P. H.P. Inc, Bangalore, Karnataka. After using it for three months he found some defects in it. The defects could not be cured by the Authorized technician of the O.P. Finding no other way out he had to file a consumer complaint before this Forum vide case No.CC-44/2017 and that as per the judgment passed by the Forum, the O.P. replaced the Laptop of similar specification having a price of Rs.43,000/-. After using the replaced Laptop for 3 days the complainant found same defects which he had experienced with the earlier Laptop. The complainant contacted with a technician of the O.P. The technician changed the fan of the Laptop but even after changing of the fan the problem of the Laptop has not been  rectified. After 2/3 months the complainant raised a complaint about it with the O.P. and that based on his complaint one technician of the O.P. visited his house. The said technician tried his best to solve the problem but he was unable to set the Laptop right. The said technician could not locate the defect in the Laptop. The complainant has stated in his complaint that two times fan was replaced but his Laptop found to be inoperative. The technician of the O.P. for the last time inspected the Laptop and advised  him that the hard disk in the Laptop needs to be changed. The Complainant accordingly approached the competent authority of the O.P. for getting the hard disk in his Laptop replaced. But his request has not been adhered to.    

The Complainant ultimately has filed the present complaint against the O.P. praying for issuing direction upon the O.P. to pay Rs.48,175/- being the present price of the Laptop of similar specification which is now in his custody. 

Hence this case.

2. Based on the complaint notice was duly sent to the O.P. H.P. Inc., Bangalore, Karnataka by speed post from this Forum. The notice however has been returned without service with a report from the postal authority that the O.P. had refused to accept the notice. The complainant has submitted track consignment report on 26/04/2019 to this Forum wherein similar report has been surfaced. It is stated in the report that the notice was not delivered on ground of refusal of the addressee.  

In view of the track consignment report and having regard to the fact that the notice has been returned without service on ground of refusal on the part of the O.P., we have passed order on 08/05/2019 to proceed with the case exparte against the O.P.  

In due course of time the complainant has been examined exparte with reference to his examination-in-chief by way of Affidavit furnished before the Forum.  

3. We have heard arguments from the complainant. 

We have gone through the complaint and the evidence adduced by way of Affidavit by the Complainant. 

  We are satisfied that the complainant has been furnished defective Laptop by the O.P. though by virtue of the judgment passed by this Forum in case No. CC-44/2017 the complainant was entitled to get a new Laptop. From the pleadings as well as the evidence adduced by the Complainant, we find that the complainant has faced a lot of sufferings, and harassment  with the replaced Laptop and that the defects in the Laptop have not been rectified by the O.P. as yet. The O.P. even has refused to receive notice which has been sent by speed post from the Forum. The O.P. according to us has indulged in unfair trade practice. The Complainant has suffered  mental agony, and harassment on account of the unfair trade practice indulged in by the O.P. 

 

4. In view of the discussion made above we find and hold that the complainant has succeeded in establishing his case  U/S 12 of the Consumer Protection Act 1986. 

   

  We accordingly find the O.P. guilty of committing unfair trade practice against the complainant. 

5. It is here by directed that the O.P. will pay Rs.48,175/- being the price of current Laptop of similar specification the Complainant is now possessing. The O.P. will also pay Rs.10,000/- to the Complainants for causing mental agony and harassment together with Rs.3,000/- being the cost of litigation. Thus the O.P. is to pay in total Rs.61,175/- (Rs.48,175/- + Rs.10,000/-+  Rs.3,000/-) to the Complainant within a period of 2 months from the date of judgment failing which the amount of compensation shall carry interest @9% P.A. till the payment is made in full.    

  It is made clear that the Complainant shall return the Laptop which is in his possession to the Authorized Representative of the O.P. as and when he received the awarded amount in full from the O.P.   

    

 

ANNOUNCED

 

 

 

 

 

 

  SMT. DR. G. DEBNATH, SRI BAMDEB MAJUMD

 MEMBER, PRESIDENT,

DISTRICT CONSUMER DISPUTES                                 DISTRICT CONSUMER  DISPUTES 

          REDRESSAL FORUM,                                          REDRESSAL FORUM,

  WEST TRIPURA, AGARTALA WEST TRIPURA,  AGARTALA