BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 12th day of June 2018
Filed on : 17-03-2017
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.116/2017
Between
Dr. Madhu Rajeev, : Complainant
S/o. K.R. Rajeevalochanan, (party-in-person)
Res. at Vattathil house,
SS. Ashramam road,
Kochi-682 018,
Behind – ESI Hospital, Kerala.
And
1. Hewlett Packard India Sales : Opposite parties
Pvt. Ltd, 24, Salarpuria Arena, (party-in-person)
Hosur Main Road,
Adugodi, Bangalore-560 030,
Karnataka.
2. Ensure Support Services
(India) Ltd., HPAuthorised
Service Centre, 1st floor,
No. 39/3723, SR Complex,
Chittor road, Ernakulam-
682 016, Kerala,
rep. by its Regional Manager,
A.S. Nathan.
O R D E R
Cherian K. Kuriakose, President.
Complainant's case
The complainant, a medical practitioner had purchased a HP Pavillion Laptop costing Rs. 39,900/- on 24-12-2014 with warranty for two years. Now the complainant is not able to use the product, as it is showing errors like overheating and causing sound from the hard disc. It caused lot of humiliation and mental stress for the complainant due to the malfunctioning of the lap top. From 24-12-2014 the complainant was facing problems with the hard disc and operating system of the computer and he also faced harassment from the service station of the opposite party. Despite replacement of the hard disc the computer was showing malfunction. From 26-12-2014 the complainant is totally disappointed with the performance of the lap top. The lap top had manufacturing defects and hence seeks for a direction to the opposite parties to supply a non-defective brand new lap top of the same configuration with 3 years warranty or to get refund of Rs. 41,399/- towards the cost of the lap top in addition to Rs. 1,00,000/- towards compensation and costs.
2. Notices were issued to the opposite parties. Opposite parties appeared and resisted the complaint by filing a version contending inter-alia that the complaint is not maintainable as it is barred by law of limitation. It was also contended that there was no deficiency on the part of the opposite parties.
3. When the matter came up for evidence the complainant filed a proof affidavit and Exbts. A1 to A41 documents were marked. The opposite parties did not adduce any oral or documentary evidence.
4. Heard both sides.
5. Following issues were settled for consideration
- Whether the complaint is maintainable?
- If maintainable, whether the complainant had proved that there was deficiency in service on the part of the opposite parties as alleged?
- Reliefs and costs
6. Issue No. i. The complainant purchased the lap top in question on 24-12-2014 as per Exbt. A1 invoice from M/s. Meera Electronic systems and Services Pvt. Ltd., situated in Oberon Mall, Cochin on payment of Rs. 39,900/- under an offer as evidenced by Exb. A2. The warranty of the lap top was for 3 years as seen from Exbt. A6 and the warranty expired on 23-12-2017. The complaint of the complainant on 03-01-2015 was that there was some sound from the hard disc and delayed starting as seen from Exbt. A7. Exbt. A8 dated 13-03-2015. Exbt. A9 dated 17-03-2015, Exbt. A10 dated 17-03-2015. Exbt. A11 dated 23-03-2015. Exbt. A12 dated 25-03-2015 were all pertaining to the complaint regarding the sound from the hard disc was repaired by the service centre of the opposite parties. The complainant in the complaint has noted that the cause of action to the complaint arose on 26-12-2014 from which date the lap top became non-functional. This complaint was filed by the complainant on 17-03-2017 after 3 years from the date of cause of action. Therefore, the complaint is barred by limitation U/s. 24 A of the Consumer Protection Act. The complainant has been using the lap top from 24-12-2014 and the manufacturing defect claimed by the complainant was detected on 03-01-2015. The complainant was sleeping over the matter for more than 2 years and had filed this complaint only on 17-03-2017 U/s. 24 A of the Consumer Protection Act, the complaint out to have been filed from the date of cause of action. The complainant was sleeping over the matter and has filed this complaint beyond the period of limitation without filing of petition to condone the delay, the complaint has to be found as time barred. Of course, after the final hearing the complainant had filed I.A. 242/2018 to condone the delay. The said interrogatory application was dismissed on the ground that the delay petition should have been filed along with the complaint and not after commission of the final arguments. The relief sought for by the complainant is replacement of the lap top after using it for 3 years, we find that the complaint is barred by limitation and is liable to be dismissed.
7. Issue No. ii. In view of the findings in issue No. i, we find that the complaint is not maintainable and the consideration of the present issue does not arise.
8. Issue No. iii. In the result, the complaint stands barred by limitation and is accordingly dismissed.
Pronounced in the open Forum on this the 12th day of June 2018
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant's Exhibits
Exbt. A1 : Copy of bill dt. 24-12-2014
A2 : Copy of e-mail dt. 24-12-2014
A3 : True copy of e-mail dt. 29-12-2014
A4 : True copy of e-mail dt. 05-01-2015
A5 : True copy of e-mail dt. 05-01-2015
A6 : True copy of warranty statement
dt. 23-12-2017
A7 : Copy of service call report
dt. 26-12-2014
A8 : True copy of G-mail
dt. 13-03-2015
A9 : True copy of G-mail
dt. 17-03-2017
A10 : True copy of service call report
dt.13-03-2015
A11 : True copy of G-mail
dt. 23-03-2015
A12 : True copy of G-mail
dt. 25-03-2015
A13 : True copy of G-mail
dt. 31-03-2015
A14 : True copy of G-mail
dt. 29-07-2015
A15 : Copy of g-mail dt. 07-08-2015
A16 : Copy of g-mail dt. 10-08-2015
A17 : Copy of g-mail dt. 11-08-2015
A18 : Copy of g-mail dt. 17-08-2015
A19 : Copy of g-mail dt,. 28-08-2015
A20 : Copy of g-mail dt. 21-11-2016
A21 : True copy of service call report
No. 24036
A22 : True copy of service call report
A23 : True copy of g-mail dt. 02-12-2016
A24 : True copy of g-mail dt. 03-12-2016
A25 : True copy of g-mail dt. 03-12-2016
A26 : True copy of service call report
A27 : True copy of g-mail
dt. 08-12-2016
A28 : True copy of g-mail dt. 21-01-2017
A29 : True copy of g-mail dt. 22-01-2017
A30 : True copy of g-mail dt. 24-01-2017
A31 : True copy of g-mail dt. 27-01-2017
A32 : True copy of service call report
No. 27544
A33 : True copy of g-mail dt. 31-01-2017
A34 : True copy of g-mail dt. 31-01-2017
A35 : True copy of service call report
No. 27251
A36 : True copy of g-mail dt. 01-02-2017
A37 : True copy of g-mail dt. 02-02-2017
A38 : True copy of g-mail dt. 02-02-2017
A39 : True copy of letter dt. 09-02-2017
A40 : True copy of g-mail dt. 16-02-2017
A41 : True copy of e-mail dt. 10-02-2017
Opposite party's exhibits: : Nil
Copy of order despatched on :
By Post: By Hand:
