By Sri. MOHANDASAN.K, PRESIDENT
1.The complaint in short is as follows: -
The complainant is a computer professional employed by M/s Encora Innovation Lab, Trinity circle, Bangalore and now he is doing work at his home due to COVID 19 pandemic reason. The complainant purchased one HP brand Laptop on 07/08/2020 through Flipkart, from the second opposite party, by paying an amount of Rs. 48,490/-(Rupees Forty eight thousand four hundred and ninety only) and the product was delivered at his house by second opposite party without delay.
2. The above said HP laptop was having one year warranty, and extended warranty on additional payment of Rs. 3499/- instantly and the warranty is still continuing.
3. The system worked for hardly one year and then certain defects were noticed on the Keyboard, for which he could not continue the data works properly. Immediately the complainant made an online complaint to the first opposite party requesting to rectify the defects. Since the extended warranty was live, the complainant’s request was genuine and reasonable. The first opposite party acknowledged his complaint vide complaint ID JEV B 2020 - 1920, Plan ID CLFK110820000703. The complainant was expecting a positive attitude from the first opposite party, but later the first opposite party informed the complainant that rectification of the defect is not possible, since concerned spare parts are not available, and first opposite party offered Rs. 18,396/- as cash back and instructed the complainant to return the laptop safely to them. The suggestion of the opposite party for the settlement may cause huge financial loss to the complainant and so the complainant refused to accept the offer. Thereafter, the complainant contacted the manufacturer, who informed that spare parts are easily available and there was an offer of home service for Rs. 6000/- including cost of spare parts and service charge. But the complaint being reported during the period of the extended warranty, the complainant was not bound to remit any cost either to first opposite party or to second opposite party. The first opposite party is legally and incidentally bound to rectify the defects within the warranty period and they are deliberately abstaining from the same and so the complaint is put to irreparable loss, hard ships and troubles which led to filing this complaint.
4. The complainant is a married man looking after the family from the income of works assigned from his master firm. Now the complainant is not in a position to do the works within due time, which caused severe hardships and loss to him.
5. The defective system is still with the complainant and on inevitable circumstance, the complainant issued a lawyer notice to the first opposite party on 24/11/2021. The first opposite party did not respond to the notice till the date and the complainant is now in difficulties and hardships, he is doing the work by hiring a device from local town for high cost. The complainant submits that, he has got every right to rectify the defect of the laptop since the extended warranty is live and the first opposite party is apparently avoiding his reasonable right and demand. The manufacturer of the product in the meantime intimated complainant through email that they can very well do the repairs through their agent home service for a cost of Rs. 7,293/-67. The complainant received the mail on 11/12/2021, which shows that repair of the defect is possible and the statement of first opposite party is absolutely false and baseless. Due to the act of the opposite parties, the complainant suffered huge loss, mental agony and hardships. The complainant placed his order for the laptop and later which is delivered by second opposite party at Malappuram, which is within the jurisdictional limits of this Commission. The prayer of the complainant is that to direct the first opposite party to rectify the defect of the laptop and direct first opposite party to pay Rs. 45,000/- towards compensation for mental agony, hard ships and incidental expenses along with cost of Rs. 10,000/-.
6. On admission of the complaint notice was issued to the opposite parties. But the first opposite party not turned up, hence set exparte. Second opposite party filed vakkalath but no version filed. Later first opposite party filed version which is not within stipulated period of the Consumer Protection Act.
7. The complainant filed affidavit and documents. The documents marked as Ext. A1 to A7. Ext. A1 is tax invoice for Rs. 48,490/-dated 07/08/2020, Ext. A2 is tax invoice for
the extended warranty of Rs. 3499/- dated 07/08/2020. Ext. A3 is copy of email from first opposite party to complainant dated 07/12/2021, Ext. A4 is email from first opposite party to complainant dated 11/11/2021, Ext. A5 is copy of quotation for Rs. 7293.67/-dated 11/12/2021, Ext. A6 copy of lawyer notice issued to first opposite party by Advocate C. Prakash dated 24/11/2021, Ext. A7 is copy of email dated 28/11/2021. The opposite party No.1 and 2 are being set exparte, no evidence has been adduced. Since want of contra evidence, the case of complainant stands proved through affidavit in lieu of evidence and documents Ext.A1 to A7. The perusal of complaint, affidavit and documents, we are of the view that the case of the complainant is genuine one and can be allowed as what is prayed. Hence we allow the complaint as follows:-
- The first opposite party is directed to rectify the defect of the laptop of the complainant at free of cost considering the complaint was registered during the period of extended warranty.
- The first opposite party is directed to pay Rs.45,000/- (Rupees Forty-five thousand only) towards compensation for mental agony, hardships and financial loss sustained by the complainant due to the defective service of the first opposite party.
- The first opposite party is also directed to pay Rs.10,000/-(Rupees Ten thousand only) as cost of the proceedings .
The first opposite party is directed to comply this order within one month from the date of receipt of copy of this order, failing which the first opposite party is directed to pay interest @ 9% per annum to the complainant on the above said amount of Rs. 55,000/- from the date of this order till realization.
Dated this 22ndday of August, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A7
Ext. A1: Tax invoice for Rs. 48,490/-dated 07/08/2020/-,
Ext. A2: Tax invoice for the extended warranty Rs. 3499./- dated 07/08/2020.
Ext. A3: Copy of email from first opposite party to complainant dated 07/12/2021.
Ext. A4: Copy email from first opposite party to complainant dated 11/11/2021.
Ext. A5: Copy of quotation for Rs. 7293.67/-dated 11/12/2021/.
Ext. A6: Copy of lawyer notice issued to first opposite party by Advocate C. Prakash
dated 24/11/2021.
Ext. A7: Copy of email dated 28/11/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
