By:  Smt.Preethi Sivaraman.C, member (President In-Charge)

1.         Case of the complainant is that, on 19-01-2019 he purchased an HP laptop from the “Reliance digital” Kozhikode.  On booting the laptop, he noticed unusual sounds from the hard disc and it was taken to hp service centre Kozhikode on 25-01-2019. After inspection, the service centre said that no problem for the laptop. On 05-08-2019 he again taken the device before hp service centre Kozhikode on account of hanging issue.  They replaced the hard disc and key board. But even after that laptop continued to show hanging issues and complainant tried to solve it by various means. 

2.         On 18-08-2019 complainant registered   a complaint on hp website as per receipt No.5035741545 and it was reported to hp service centre Malappuram on the same day itself. After three days complainant contacted them and they assured that they would come by the evening.  Again he called them on the next day for informing them about the expiry date which is coming close. But they called the complainant only after the expiry date was over and complainant told to them that he had registered the case within the warranty period. Thereafter they collected the serial number and such details of the battery and told to the complainant that he must wait till fresh battery was sent after reporting the case to hp.  After few days complainant called them and they said that since the warranty period is over and complainant have to pay for a fresh battery. Again complainant registered a fresh complaint on 07-09-2019 and he had received a message that “your claim is accepted, issuing new battery under FOC (Free Of Cost) and please collect after 5 days from dealer”. He again contacted the service centre at Malappuram but they replied that he has to pay for the battery since it was out of warranty. The received message clearly says that the battery claim has been accepted and it was under FOC. Hence this complaint. 

3.         Complainant filed this complaint for   changing the Laptop battery and claimed an

amount of Rs.5,000/- (Five thousand rupees only) as compensation for deficiency of service from the side of opposite party. 

4.            Notice sent from this Commission through speed post to opposite party and notice served on them and they did not turn up.  Hence opposite party was set exparte.

5.         In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A4.  Ext.A1 is the original retail invoice (purchase bill of Laptop)   Ext. A2 series are the three service call report dated 25/01/2019, 23/07/2019 and 05/08/2019 from hp care Calicut, Ext. A3 is the print out received from hp website regarding the warranty of Laptop, Ext. A4 is the call log in respect of mobile number of complainant got from BSNL Malappuram information centre.

6.         Therefore we direct the opposite party to change the old battery with the original hp Laptop battery mentioned in Ext. A1 document immediately and Rs.5,000/- (Five thousand rupees only) for the mental agony and hardship suffered by him by the act of the opposite party and Rs.5,000/- (Five thousand rupees only) as compensation  for the  deficiency  in service of opposite party and financial loss sustained by complainant and Rs. 5,000/- (Two thousand rupees only) as  cost. The order shall be complied within one month from the date of receipt of copy of this order.

            If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest @12% per annum on the said amount from the date of receipt of the copy of this order till realization.