DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 57 of 2020

 

Mr. Dibakar Sarkar,,

S/O. Ram Chandra Sarkar,

106, Vill.-Shanmura, P.O.-Lankamura,

Near Minabari I.C.D.S. Centre, 

Agartala, Pin-799009,

Dist.-West Tripura, Agartala….......................................................................Complainant.

 

 

-VERSUS-

 

1. Managing Director,

Bangalore, IN-Akash Block(BGC),

HP Inc.

5F, Salarpuria GR Tech Park, Khatha No.69/3,

Mahadevapura CMC 5 & 9 FL, Whitefield Road,

Bangalore, Karnataka, Pin-560066,

 

 

2. Manager,

Sysnet Global Technologies Pvt. Ltd.

W 42, Tum Rd., Pocket W, Okhla Industrial Area,

Phase II, New Delhi-110020

 

3. Local Authorize seller,

HP world

Ker Chowmuhani, Agartala,

Dist.-West Tripura.................................................................................. Opposite Parties.

 

 

     __________PRESENT__________

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

For the Complainant : In-person.

 

For the O.P. No.1 : Mr. Pankaj Banik,

  Advocate. 

 

For the O.P. Nos.2 & 3 : None Appeared.  

 

JUDGMENT  DELIVERED  ON : 04/06/2021.

 

J U D G M E N T

          The Complainant Sri Dibakar Sarkar, set the law in motion by presenting the complaint petition U/S 12 of the Consumer Protection Act, 1986  complaining negligence & deficiency of service by the O.Ps. 

The Complainant's case, in brief, is that the Complainant purchased a HP(Hewlett-Packard) Laptop being Model Number-Hp Pavilion x360 Convertible 14_cd0056TX, Serial number- 8CG8287B5K, Product number-4LR36PA) at Rs.1,03,000/-(Rupees One lakh three thousand only) from the O.P. No.3 which insured the same Laptop to the Company itself for Rs.999/- on 18/02/2019 and covering (additional 2 years Onsite Warranty + 1 year of Accidental Damage protection + 1 year of Mcafee Internet Security + 1 year Burglary & Theft Insurance for Notebook + Uninstall Software worth Rs.5,000/-). Unfortunately in the last part of November, 2019 his Laptop was slipped down in his collage during preparing a presentation. However, on 30/12/2019 he lodged a complaint by a phone call in Hp Customer Care No.1800258717 and “5042109951” this was his first case id, and he has all call records of customer care during conversation. After the case was registered with them, they called and told him that his ADP(Accidental Damage Protection) is not valid, and he told them, ADP(Accidental Damage Protection) is valid for 1 year from his purchased date, and he showed his ADP(Accidental Damage Protection) certificate and there was a mistake to the expire date 13/09/2019, and he sent scan copy of all his valid documents, for update ADP(Accidental Damage Protection) certificate, after checking his all documents they told him that they would update his ADP certificate(Accidental Damage Protection), that being their Bona fide mistake. On 18/02/2020 at evening they called him and take all the information about the position of his Laptop. Then after that day on 19/02/2020 at afternoon they again called him and told him that his ADP(Accidental Damage Protection) is updated by them and technician also be assigned. As they told him the technician would visit on 21/02/2020 to his the then residence in Kolkata. On 21/02/2020 he was waiting for the technician whole day but technician did not come to his residence, then in the evening firstly made a call the service centre in Kolkata for technician visit purpose, but they told him that no case was registered by this case Id(5042109951), then he made a call the customer care for understand about the case for knowing what is going on, then they told him that they need some time for this. On 25/02/2020 they registered another case id No.5044720089(against 5042109951, the previous one). On 06/03/2020 they sent him an e-mail that his case is closed due to unable to contact him. The realising fact that the O.P. No.2 have taken his case casually, then he made a call them and told them if they do not get any solution about his case then I would file a case in Consumer Court against the Hp Company, then on 17/03/2020 they called him and they told him that a technician has been entrusted for his case and he would visit his residence on 18/03/2020 for detecting the defects and necessary repairs. On 14/08/2020 the manager called him and told him that they will not give an insurance service, if he wants their service then he should have to pay all cost therefor. On 30/12/2019 to 14/08/2020 he faced many problem about this case.  

So, being aggrieved and dissatisfied with the conduct of the O.Ps.,  the Complainant alleging deficiency of service has filed the instant complaint before this Commission claiming Rs.80,000/- as deficiency of service and as compensation for causing harassment, mental agony  costs from the O.Ps.  

2. On admission of the complaint notices were issued upon the O.Ps.  But within the statutory period written objection / written version was not  filed by the O.Ps. Accordingly the case was proceeded exparte vide order dated 06/11/2020. 

EVIDENCE ADDUCED BY THE COMPLAINANT:-

3. Complainant has examined PW-I(Father of Complainant) and submitted his examination-in-Chief by way of Affidavit. The Complainant also examined another witness namely Sri Sibam Das friend of the Complainant as PW-2. In this case the complainant produced 8 documents comprising 19 sheets under a Firisti dated 21/08/2020. The documents are namely Cash memo of the products(Print copy), Product serial no. or details, ADP(Dibakar Sarkar) purchased details Redemption Code, Service Certificate print copy, Invoice print copy of the first case send by Customer care on 30/12/2019, Print copy of service centre e-mail, Print out of all the g-mail conversation by me and customer care & Call chart is between me and customer care. On identification the  documents are marked as Exhibit-I series.

POINTS TO BE DETERMINED:-

    Based on the contentions raised by the Complainant in the pleadings and having regard to the evidence adduced by the complainant, the following points are cropped up for determination:

        (I) Whether there is any deficiency of service on the part of the O.Ps. towards the Complainant and have also indulged an unfair trade practices?

(II) Whether the complainant is entitled to get  any compensation/relief as prayed for?

5. DECISION AND REASONS FOR DECISION:

  We have heard arguments of  the Complainant. 

          Complainant submitted that within the statutory period written objection / written version was not filed by the O.Ps. Thereafter, the O.Ps. remained absent and accordingly the case was proceeded exparte vide order dated 06/11/2020 and court can presume about the truthfulness of the Complainants case. Moreover, exhibited documents also supports the claim of the complainant. The Complainant was cheated by the O.Ps. and the conduct of the O.Ps. amounts to unfair trade practice. It is submitted that the Complainant is entitled to get suitable compensation from the O.Ps.     

                  We have carefully gone through the complaint as well as exhibited documents. From the cash memo(tax invoice) we find that the Complainant purchased a HP(Hewlett-Packard) Laptop from the O.P. No.3, the authorized seller of the O.P. No.1 on 16/01/2019 at a price of Rs.1,03,000/- including insurance policy for which there was a coverage of accidental damage protection for one year. From the evidence it is found that in the last part of November, 2019 the Laptop was slipped down during preparation of presentation by the Complainant in his collage at Kolkata. Thereafter, Complainant made contact with the O.Ps. for repairing of the Laptop in time but the Complainant did not get customer care service from the O.Ps. It is fact that the O.P. after getting notice did not turn up. As a result the case is proceed ex-parte against O.P. No.2 & 3 . The name of the O.P. No.1 was deleted as per prayer of the Complainant vide order dated 28/09/2020. After careful perusal of the all exhibited documents we found that the Complainant has succeeded to prove his case in respect of deficiency of service on the part of the O.Ps. 

6.              Now, we order that the Complainant is entitled to get a similar Laptop from the O.P. Nos.2 & 3, in the alternative to return the price of Rs.1,03,000/- to the Complainant within 01 month from the date of this judgment. The Complainant is also entitled to get compensation of Rs.10,000/- for causing harassment for not attending the Complainant in time to repair the Laptop. The Complainant is also further to get a litigation cost of Rs.5,000/- . In case O.P. Nos.2 & 3 who are jointly and severally liable for compliance of the order fail to comply the order, they will be liable to pay interest @9% P.A. on the price of the Laptop till payment is made in full with effect from the date of judgment. 

Supply a copy of the judgment free of cost to the Complainant. The Complainant is directed to send a copy of the judgment to the O.P. Nos.2 & 3 by registered post for their information.

 

    Announced.

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

  DR (SMT)  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA, AGARTALA