BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 92 of 2015
Date of Institution : 8.5.2015
Date of Decision : 28.9.2016
Vikram Singh son of Sh. Dharam Pal, resident of 13/34, MC Colony, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Jina Computers Behind 77, New Mandi Sirsa through its Proprietor/ owner.
2. Synet Global Technology Pvt. Ltd. DBS 33-34, Red Square Market, Hisar through its authorized signatory.
3. Hawlett Packard India Sales Pvt. Ltd. 24, Salapuria Arena, Hosur Main Road Adugodi, Bangalore- 560030 through its Managing Director/ Chairman.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………..PRESIDENT
SH.RANBIR SINGH PANGHAL……. MEMBER.
Present: Sh.R.P.Kaswan, Advocate for the complainant.
Sh.Pankaj Singal, Advocate for opposite party no.1.
Opposite party no.2 exparte.
Sh. Ajay Bansal, Advocate for opposite party no.3.
ORDER
Brief facts of the present complaint are that complainant had purchased a HP Pavilion 15 Notebook PC 15-NO47TX Laptop vide invoice No.2668 from opposite party no.1 for a sum of Rs.33,000/- on 11.1.2014. At the time of purchase, op no.1 assured him about the performance of the laptop. However, after few days of the purchase of laptop, it started creating/ giving hardware problems. It was working with a very slow speed and used to switch off automatically. The complainant approached the op no.1 and on his asking he contacted with op no.3 telephonically and on the instruction of Executive of op no.3, he visited Hisar at the service centre to get his laptop repaired. The op no.2 replaced system board of the notebook and returned the same on 15.4.2014 i.e. after about 15 days and assured that no problem would occur in future. After few months, a line/ streak appeared on the screen of the notebook and complainant could not attach Data Card to run internet on notebook and due to this the complainant and his wife again became unable to do routine work. The complainant again contacted with customer care centre of op no.3 and this time the mechanic of op no.3 visited the house of complainant and changed the display of the notebook but could not resolve the issue of data card and stated that due to damage to USB port, this issue cannot be resolved and instructed to again contact with customer care. The complainant did accordingly upon which mechanic of op no.3 visited his house, checked the issue of USB port and told that he will come again with USB port after getting approval from the company and changed USB port on 27.11.2014 but could not resolve the issue of data card. It is further averred that despite changing almost all parts of the note book, the laptop is still causing hardware problems of overheating, consistent hang and giving dead slow speed and repeated repairs as well as replacement of parts amounts to manufacturing defect in the product. The complainant requested ops No.1 & 2 either to replace the same or to repair the same, but they flatly refused to do so and have caused harassment and deficiency in service. The complainant also got served a legal notice upon ops on 5.1.2015 but to no effect. Hence, this complaint.
2. Upon notice, opposite party no.1 appeared and filed written statement pleading therein that answering op being the dealer of HP Laptops has supplied the fruitful information to the complainant as provided to him by the manufacturer company. The answering op has got no knowledge regarding any such defect in the laptop of the complainant. The complainant never approached the op no.1 with regard to the repair of laptop. Remaining contents of complaint have also been denied.
3. Opposite party no.3 in its separate written statement has averred that op no.3 is a global renowned manufacturer of various types of computers, laptops, printers and scanners etc. The complainant has not established on record by expert opinion that laptop in question is having manufacturing defect. The complainant purchased the laptop on 11.1.2014 and used the same till the first issue reported on 28.3.2014 which fact proves that the laptop had no manufacturing defects as if there was manufacturing defect, the laptop would have not worked properly from the date of its purchase. The issues reported thereafter are required to be carried out due to regular and continuous use of the laptop as same is an electronic item and has chances of failure for various reasons. An onsite engineer visits with required part as per warranty guidelines, however, the complainant choose to visit service centre. The issues reported thereafter were attended promptly and were resolved and confirmed that the unit is working fine. Thereafter, the complainant has not approached to the customer care centre or authorized service centre of op no.3 after post last service which was done on 27.11.2014 on which date it was found that USB port was damaged as such the USB port was replaced under accidental damage protection. The laptop had a warranty for a period of one year from the date of purchase and as on date the laptop is out of the warranty. Remaining contents of the complaint have been denied.
4. Notice was sent to op no.2 through registered post on 9.9.2015 but none appeared on behalf of op no.2 and was proceeded against exparte.
5. The complainant has tendered his affidavit Ex.C1, copy of legal notice Ex.C2, copy of invoice Ex.C3, copy of service call reports Ex.C4 to C7. On the other hand, opposite party no.1 has tendered his affidavit Ex.RW1/A. OP no.3 has tendered affidavit Ex.R1.
6. We have heard learned counsel for the parties and have gone through the case file carefully.
7. Admittedly, the laptop in question was purchased by the complainant from opposite party no.1 on 11.1.2014. The complainant lodged the complaint regarding no power in the laptop on 28.3.2014 upon which said issue was resolved by op no.2 i.e. service centre of op no.3 as is evident from copy of service call report Ex.C4. On 29.10.2014 complainant lodged the complaint with the ops that data card not connected and there is display issue upon which display was changed by op no.2, however, the issue of Data Card could not be resolved as the USB port was damaged. Then issue of USB port was resolved on 27.11.2014 as is evident from Ex.C7. Thus, the laptop in question has been repaired for three times i.e. within warranty period but the complainant has alleged that despite above said repairs and replacement of above said parts, the laptop is still causing hardware problems of overheating, used to hang and its speed is very slow and the opposite parties have refused to replace or repair the same. In our view, since the complainant is alleging defects in the laptop in question within warranty period and laptop has been repaired for three times but still the complainant is not satisfied with the working of laptop, so the opposite parties are liable to make the laptop in question defect free after repair and replacement of parts, if any free of costs.
8. Keeping in view the facts and circumstances of the present case, we partly allow the present complaint and direct the opposite parties to make the laptop in question defect free after repair and replace the parts, if any free of costs within one month from today through their expert engineer by visiting the house of the complainant as the service centre is situated at Hisar far away from Sirsa. The engineer can take the laptop in question to Hisar from the complainant for repair if required and will hand over the same to the complainant after repair. A copy of this order be supplied to the parties free of costs. Parties are left to bear their own costs. File be consigned to record room.
Announced in open Forum. President,
Dated:28.9.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
