DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 14/2018

Date of Institution: 15.01.2018

Judgment Reserved on: 28.02.2024

Judgment Passed on: 07.03.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

Judgment by: Shri. Ravi Kumar (Member)

JUDGMENT

1. The Complainant has alleged deficiency in service firstly in not repairing the HP Laptop and secondly for refunding the money by the OP when the same was damaged by accident, though the Laptop was covered under Accidental Damage Protection Warranty.
2. The Complainant has contended that she had purchased a HP Laptop for Rs. 50,562/- on 15.10.2014 of which OP is the manufacturer. She had also taken 03 years Accidental Extended Warranty from OP and paid Rs.2,498/- for the same.
3. On 01.02.2017 the Laptop got broken and she made complaint to OP and Case ID No. 4782132052 was generated and representative of OP assured that they will visit the house of the Complainant within 2 days. On the visit of the representative of OP on 04.02.2017 and after checking the Laptop, the remark made on the Report was ‘Laptop Damage’ and thereafter she was assured that they would replace the Laptop with new one.
4. On 14.02.2017, she sent an email to OP which was replied wherein the request for replacement of Laptop was denied and she was informed that replacement of spare parts can be done on chargeable basis.
5. Thereafter the Complainant made call to OP informing that the Laptop was under Warranty however OP did not respond. Complainant has filed complaint before this Commission with the following prayers:

• To direct the OP to pay Rs. 50,562/- as cost of the Laptop.
• To direct the OP to pay Rs.2,00,000/- as compensation for harassment, mental agony and pain.
• To direct the OP to pay Rs.21,000/- as cost of litigation.
• Any other or further order, which this Forum deems fit and proper under the fact and circumstances of the case may also be granted in the interest of justice.

6. Initially Complainant had also made IQOR R-42, Main Vikas Marg, Delhi as OP2 which was dropped by the Complainant 22.09.2022 and hence there is one only OP now i.e. HP India Pvt. Ltd in the cause title of the case.
7. Notice was issued and OP has filed its reply dated 14.09.2018 stating that their Engineer had attended the grievance of the Complainant and the obligation of OP is only to repair the Laptop and not to replace the same. OP is always ready and willing to repair the Laptop on chargeable basis. Laptop is sophisticated electronic equipment and same is always vulnerable to failure and by way of complaint the intention of the Complainant is nothing but to obtain a new Laptop by misrepresentation.
8. There is no manufacturing defect in the Laptop and she used the same without any problem till 01.02.2017. The Laptop got damaged due to mishandling of the Complainant. When the complaint was made then she was provided with the support service. On 04.02.2017 the engineer visited the Complainant and found that the Laptop was damaged and for further course of action the matter was escalated to their Accidental Damage Protection (ADP) Team for issue validation and due reply by way of email dated 14.02.2017 was given wherein Complainant was informed that replacement of spare parts was on chargeable basis. It is further stated that there is no deficiency in service of their part and Complainant is not entitled for any relief. The OP has enclosed terms & conditions for Accidental Damage Protection (ADP) Warranty.
9. Complainant has filed Rejoinder to the Reply of the OP wherein she has reiterated the contents of her complaint.
10. The Complainant has filed her Evidence by way of Affidavit.

Complainant has filed following documents alongwith her complaint.

• Invoice dated 15.10.2014 for purchase of HP Laptop of Rs.50,562/-.
• HP Customer Support - Product Warranty Results containing the period 15.01.2015 to 14.01.2018.
• Copy of payment receipt made towards additional 3 years warranty by paying Rs.2,498/-.
• Email dated 01.02.2017 & dated 14.02.2017 of OP.
• Copy of Service Call Report dated 04.02.2017 (not legible).

11. OP has filed its evidence by way of affidavit wherein it has marked the Terms & Conditions of Accidental Damage Protection Warranty as exhibit- DW/1.
12. This Commission has heard the arguments of both the sides and perused the record.

It is admitted fact that the Complainant purchased HP Laptop manufactured by OP from ‘Cyber Space’ and retail invoice dated 15.10.2014 was generated. The Laptop was working properly since thereafter. On 01.02.2017 accidently the Laptop got damaged at the residence of the Complainant and upon her complaint Case ID No. 4782132052 was generated. Service engineer of OP visited residence of Complainant on 04.02.2017 and after checking the Laptop he observed that the Laptop was damaged and copy of Report dated 04.02.2017 was handover to the Complainant.

13. Service Call Report dated 04.02.2017 has been filed by the Complainant. The same is not legible. The Complainant was informed about it and she assured that legible copy of the said report shall be filed on Court Record. However, despite of taking time the Complainant could not file the same. In the copy of Service Call Report which is filed along with the complaint there are many other remarks made by the Service Engineer which are not readable but appear to be relevant for deciding the nature of accidental damage caused to the Laptop. OP also had in its custody one copy of this Service Call Report but has failed to place the same before the Commission.
14. Without verifying and reading the legible Service Call Report it is not possible to assess the extent of damage caused to the Laptop in question. The Laptop was purchased by the Complainant in the year 2014 i.e. 10 years back and the same could have become obsolete also by now.

However at the same time OP is not disputing that there was accidental damage caused to the Laptop but has claimed that the damaged Laptop will be repaired on chargeable basis but OP has not explained as to which part of the damaged Laptop was chargeable and which was not and has not explained that under which Clause of Accidental Damage Protection Warranty its said stand was covered. The Service Call Report dated 04.02.2017 prepared by the Service Engineer of OP also establishes that there was some damage to the Laptop in question and therefore Commission holds OP liable for deficiency in service however keeping in view the time lag that has passed the Commission is consciously not ordering repair of the Laptop in question and orders as follows:

• OP shall pay Rs.20,000/- to the Complainant within 30 days from the date of the Order and Complainant shall return the Laptop in question to OP on receipt of the amount.
• OP shall pay to the Complainant Rs.5,000/- towards mental agony and legal expenses.

If the OP does not comply the Order within 30 days from the date of this order then OP shall pay interest of @7% p.a. on the total amount from the date of this order till realisation.

Copy of the Judgment be supplied/sent to both the Parties free of cost as per rules.

Announced on 07.03.2024.

File be consigned to Record Room.