Haryana

Kurukshetra

CC/262/2019

Jasbir singh - Complainant(s)

Versus

HP World - Opp.Party(s)

Rajesh Kaushik

20 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No.262 of 2019.

Date of instt.02.07.2019.              

Date of Decision: 20.09.2019.

 

Jasbir Singh aged 42 years, s/o Shri Laxmi Narain, r/o village Khairi, Sub Tehsil Babain, District Kurukshetra.

                                                                ……….Complainant.                                                   Versus                  

 

1. HP World Service Centre of HP, Plot NO.1, Dhanwanti, Bhawana Railway Road, Kurukshetra through its Authorized Signatory.
2. HP Inc. 2F, Tower D&E Building No.2, DLF Cybergreen DLF Cybercity, Phase-III, Gurgaon (Gurugram), Haryana through its officer in charge/authorized signatory.
3. Laptop World, G-3, Pragati House 46-47, Nehru Place, New Delhi-110019, through its Proprietor/Partner/Authorized Signatory, Karnal through its Authorized Signatory.

..………Opposite parties.

 

Complaint under Section 12 of the Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Sunil Mohan Trikha, Member.                                               

Present:     Shri Rajesh Kaushik, Advocate, counsel for the complainant.

Opposite Parties ex-parte.

 

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Jasbir Singh against HP World Service and others.

2.             The brief facts of the complaint are that the complainant is a typist and working in District Courts, Kurukshetra and he was in need of one laptop for his personal use. He belongs to a poor family and he approached M/s Kehar and Jaswant Singh, Commission Agent for borrowing a sum of Rs.50,000/-, who advanced him the said amount. Thereafter, he approached the OP No.3 and at that time, the OP No.3 had assured about the superior/good quality of the HP company’s laptop. He further assured that in case, any kinds of defect arise during the warranty period, then company will provide him new laptop in replacement. It was further assured by the OP No.3 that OP No.2 is having its authorized service centre at Kurukshetra, who shall provide all kind of facility (repair, replacement etc.) during the warranty period. Allured by the said assurances, he had purchased a laptop of HP company bearing LAPOP 15-DA 0077TX CND8355P5M from OP No.3 for a sum of Rs.48,800/- including CGST an SGST @9% each vide computer generated invoice bearing No.LW/P/18-19/44 dated 12.01.2019. After 3/4 months from the date of purchase, the said laptop became defective i.e. battery hitting, laptop shut down automatically, charging problem, create unwarranted noise upon which, he made a complaint No.5032067080 on toll-free number of the company. Thereafter, OPs No.1 and 2 deployed Engineer Rajnish, who reached at Chamber No.38 (old Complex), District Courts, Kurukshetra and opened the laptop in the presence of several persons gather there namely Ankit, Satish, Darshan and after checking, he could not rectify the defect, as there was manufacturing defect in it, which was not repairable. Then, he made another complaint No.5032550471 to the OPs, but in spite of receipt of said complaint, the OPs have not taken any heed towards his complaint. The OPs neither repaired the laptop nor replaced the same. The said act of the OPs amounts to deficiency in services. Hence, this complaint.

3.             Upon notice, no one appeared on behalf of the OPs, accordingly they were proceeded against ex-parte by this Forum vide order dated 20.08.2019.

4.             The learned counsel for the complainant tendered affidavit Ex.CW1/A alongwith documents Ex.C1 & Ex.C2.

5.             We have heard the learned counsel for the complainant and have perused the case file carefully.

6.             Admittedly, the complainant purchased a HP Laptop 15-DA 0077TX CND8355P5M from the OP No.3 for a sum of Rs.48,800/- vide invoice dated 12.01.2019 (Ex.C1). As per complainant, the said laptop started creating problems like battery hitting, shut down automatically, charging problem, unwarranted noise. In this regard, he made complaint to the OPs, upon which, engineer of OPs No.1 & 2 namely Ankit came and tried to remove the defect, but failed to do so, as there was manufacturing defect in the Laptop, which was not repairable. Thereafter, the complainant made complaints to the OPs time and again (Ex.C2), but they neither remove the defects of the laptop nor replaced the same with the new one. To support his case, the complainant produced his affidavit as Ex.CW1/A alongwith documents Ex.C1 & Ex.C2, whereas, none of the OPs have appeared before this Forum to rebut the above-said version of the complainant and opted to be proceeded against ex-parte. So, the evidence adduced by the complainant goes unrebutted and unchallenged against OPs and thus, we have no option, but to accept the version of the complainant, which is duly supported by his affidavit and other supporting document. In these facts and circumstances of the case, we are of the considered view that the Laptop in question of the complainant became defective within 3/4 months from its purchase and OPs have failed to resolve the grievances of the complainant regarding Laptop in question, hence, the OPs are deficient while rendering services to the complainant.   

7.             In view of the aforesaid discussion, we hereby allow the present complaint against the OPs and direct them in the following manner:-

1. To replace the defective Laptop in question with the new one of the same model, as purchased by the complainant. If the OPs are not in position to replace the same, then refund the amount of Rs.48,800/-, i.e. the price of the Laptop.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 30 days from the date of communication of this order, failing which, penal action under Section 27 of the Consumer Protection Act, 1986, would be initiated against the OPs. Certified copy of this order be supplied to the parties, forthwith, free of cost, as permissible under Rules. File be indexed and consigned to the record-room.

Announced in open Forum:

Dt.:20.09.2019. 

                                                                        (Neelam Kashyap)

                                                                        President.

(Neelam)           (Sunil Mohan Trikha)        

                Member             Member