DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Thursday the 21th day of December 2023
CC.229/2020
Complainant
Vijesh. V,
Kandamkulangara Parambil (HO),
P. O. Feroke,
Kozhikode - 673631
Opposite Parties
- HP India Sales Pvt. Ltd,
Salar Puriya Arena,
Hosur Main Road,
Adugoli,
Bangalore - 560030
- Niruana Computers,
Jubilee Building,
Arayiyadathupalam,
Mavoor Road,
Calicut - 673016
Suppl. 3. The Manager,
HP Care,
1st Floor, Bassam Complex,
Pushpa Junction,
Kallai Road,
Kozhikode – 673003
(Suppl. OP3 impleaded as per order dated 18/01/2023 in IA No. 216/2022)
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 19/09/2019 the complainant purchased a HP laptop paying an amount of Rs. 32,820/-. It was having a warranty till 19/09/2020 and additional warranty till 18/09/2022. The laptop became defective and hence the complainant registered a complaint on 29/08/2020. But opposite parties informed that of the defect was of the mother board and warranty does not cover replacement of mother board. Hence the complaint claiming compensation of Rs. 1,25,000/-.
- The supplemental third opposite party was impleaded as per order dated 18/01/2023 in IA No. 216/2022.
- The second and Supplemental third opposite parties were set exparte. The first opposite party filed written version.
- The contentions, in brief, of the first opposite party are as follows; The purchase of the laptop by the complainant is admitted. Complaints were registered by the complainant with regard to the laptop reporting auto restart and keyboard issue in the laptop to the authorised service centre. The service team of the first opposite party attended the complaint promptly. There was no issue in the unit. The issue reported was caused due to thermal event on the mother board which is considered as unintentional damage and not covered under the warranty. The service team informed the same to the complainant and offered to resolve the issue on chargeable basis. However treating the complainant’s case as an exception, they have resolved the reported issue by replacing the mother board and keyboard beyond the warranty obligations and the laptop is working fine as per the specifications and had informed the complainant to take delivery of the laptop. But the complainant has failed to collect back the laptop. As per the terms and conditions of the warranty policy, the obligation of the first opposite party is only to repair the laptop and not to replace the same or to refund the price or pay any compensation. There is no deficiency of service or unfair trade practice on their part. There is no cause of action for the complaint. It is, therefore, prayed to dismiss the complaint with costs.
- The points that arise for determination in this complaint are; 1) Whether there was any deficiency of service on the part of the opposite parties, as alleged? 2) Reliefs and costs.
- Evidence consists of the oral evidence of PW1 and Exts. A1 to A3 on the side of the complainant. At the time of evidence, the first opposite party remained absent.
- Point No.1: The complainant has approached this Commission with a grievance that the opposite parties neglected to repair his laptop under warranty. He is seeking compensation of Rs. 1,25,000/- from the opposite parties.
- The first opposite party, who is the manufacturer, alone has come forward to contest the matter. The second opposite party, who is the dealer and the supplemental third opposite party, which is the authorised service centre, have opted to remain exparte and at the time of evidence, the first opposite party has also chosen to remain absent.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the invoice dated 19/09/2019 issued by the second opposite party, Ext A2 is the copy of the E-mail dated 29/08/2020 and Ext A3 is the copy of the E-mail dated 03/09/2020. PW1 was not cross examined and his evidence stands unchallenged. Even though the first opposite party has filed written version denying all the averments and claims made in the complaint, they also remained absent at the time of evidence.
- It may be noted that there is absolutely nothing in evidence to show that the laptop is having any manufacturing defect. Even the complainant has no specific allegation in this regard. The complainant has failed to place on record any technical/expert report to show that the laptop is having any inherent manufacturing defect. So the obligation under the warranty is limited only to the extent of repair or replacement of any part found to be defective. It has come out in evidence that during the pendency of the present complaint, the issue with the laptop was resolved by carrying out the necessary repairs and replacing the mother board and key board. Thus the grievance projected in the complaint with regard to the repair stands redressed. It is the specific case of the first opposite party that after the repairs, the complainant was intimated to collect back the laptop, but he did not turn up. It is for the complainant to collect back the repaired laptop from the opposite parties.
- But it is noticed that there was delay on the part of the opposite parties in addressing the concerns of the complainant over the laptop. Though the complaint was reported as early as on 29/08/2020, the repairs were done only in March 2021 after the filing of the present complaint. The delay itself amounts to deficiency of service. The complainant was not able to use the laptop during this period. The complainant is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this regard. The opposite parties are jointly and severally liable.
- Point No. 2 :In the light of the finding on the above point, the complaint is disposed of as follows: a) CC 229/2020 is allowed in part. b) The opposite parties are hereby directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) as compensation to the complainant. c) The payment as afore stated shall be made within 30 days of the receipt of the copy of this order, failing which, the amount of Rs. 10,000/- shall carry an interest of 6% per annum from the date of this order till actual payment. d) The complainant may collect the repaired laptop from the opposite parties. e) No order as to costs.
Pronounced in open Commission on this, the 21st day of December, 2023.
Date of Filing: 04/11/2020
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Invoice dated 19/09/2019 issued by the second opposite party.
Ext.A2 – E-mail dated 29/08/2020.
Ext.A3 – E-mail dated 03/09/2020.
Exhibits for the Opposite Party
Nil
Witnesses for the Complainant
PW1 - Vijesh. V, (Complainant)
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar.
