DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 259 of 24-09-2009<br /> Decided on : 01-01-2010 <br /> <br /> Deepak Bansal S/o Sh. Jagdish Rai Bansal, aged about 20 years R/o H. No. 16732-A, Basant Vihar, Bathinda.<br /> .... Complainant<br /> Versus<br /> <br /> 1.M/s. Compu Plaza, D-4, Library Complex, Behind Gold Diggi Market, Bathinda, through its Prop.<br /> 2.Hewlett-Packard India Pvt. Ltd., (Service Centre) Ground Floor, Deep Complex, Hanuman Road, Bathinda, through its Incharge/Manager.<br /> 3.Hewlett-Packard India Pvt. Ltd., Corporate Office, 24 Salarpuria Arena, Audugadi, Hosur Road, Bangalore 560 030, through its Managing Director/Chairman/G.M.<br /> ... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Ms. Vikramjit Kaur Soni, President<br /> Dr. Phulinder Preet, Member<br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Ish Kumar, counsel for the complainant <br /> For the Opposite parties : Sh. Gagan Garg, Prop. of opposite party No. 1.<br /> Sh. Rajesh Saini, Authorised Rep. of opposite party No. 2.<br /> Sh. Sandeep Singh Jeeda, counsel for <br /> opposite party No. 3. <br /> <br /> O R D E R<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT<br /> <br /> 1. In brief, the case of the complainant is that he is a student of B.Com III (final) and he purchased one Laptop Compaq CQ 45-207 (CND 8653 QBF) vide Invoice No. 757 dated 03-12-2008 for Rs. 39,300/- from opposite party No. 1, for his studies. The opposite party No. 1 has given warranty of one year, but no warranty card was supplied to him. In the month of July, 2009, his Laptop started giving problem as it started getting restarted after giving command of shutdown. He approached opposite party No. 1 who advised him to contact opposite party No. 2 (service centre). He contacted opposite party No. 2 on 14-07-09 and left Laptop with them vide Job Sheet No. 1026 dated 14-07-2009. When opposite party No. 2 returned the Laptop to him, he found that aforesaid problem was still persisting. He again approached opposite party No. 2 on 22-07-2009, but the problem could not be rectified. Thereafter he contacted opposite party No. 2 time and again for the same defect in his Laptop, but it could not be rectified. On 23-09-2009, opposite party No. 2 conveyed that they are unable to remove the defect and and they returned Laptop to him. He requested opposite party No. 2 to replace his Laptop with a new one, but they refused to do so. He alleges that he has been harassed by the opposite parties for the last more than two months without any fault on his part. Hence, this complaint for issuing directions to the opposite parties to replace his Laptop in question or in the alternative make refund of its cost i.e. Rs. 39,300/- alongwith interest @18% from the date of its purchase till realisation. The opposite parties be also directed to pay him compensation to the tune of Rs. 50,000/- besides litigation expenses to the tune of Rs. 5,000/-.<br /> 2. Opposite party No. 1 filed reply taking legal objections that complaint is not maintainable; guarantee/warranty, if any, is directly of the respective manufacturer and it is not liable for any defect; complainant has not come with clean hands; he has no locus standi or cause of action; there is no deficiency in service and complaint is false. On merits, It has been admitted that complainant purchased Laptop from answering opposite party vide Invoice No. 757 dated 03-12-2008 for Rs. 39,300/-. It has been submitted that warranty of one year was given as per the policy of opposite party Nos. 2 & 3. Since the warranty is Online warranty, so there was no need to issue Warranty Card. Moreover, the opposite party Nos. 2 & 3 never denied their liability/warranty qua the aforesaid product.<br /> 3. Opposite party No. 2 filed reply stating therein that complainant approached the service centre of opposite party No. 2 on 14-07-09 with some restarting problem in the Laptop which as per the repair policy duly entertained, diagnosed, checked and rectified by reinstalling the operating system and on 15-07-09, he thoroughly checked the working of the Laptop to his satisfaction and took the delivery. The complainant again approached the service centre on 22-07-09 with same problem which was rectified. He again contacted opposite party No. 2 on 01-08-2009, 04-08-09 and every time problem was rectified. The Laptop was delivered in fully working condition to the satisfaction of the complainant on 08-09-2009 and after that no problem was reported to opposite party No. 2. It has been pleaded that whenever complainant contacted the service centre, he was duly updated about the exact status of the service and humbly requested to cooperate and it never shown its inability to service the Laptop.<br /> 4. The opposite party No. 3 filed separate reply and submitted that whenever the complainant had lodged the complaints, the same were rectified and in fact the Mother Board and Hard Disk Drive were replaced to remove the defects in the system. It has been pleaded that after the replacement and repairs the system was working fine. Hence, there is no deficiency in service on its part. <br /> 5. In support of his averments contained in the complaint, the complainant has produced in evidence photocopy of Identity Card Ex. C-1, photocopies of Detail Marks Cards Ex. C-2 & Ex. C-3, photocopies of visiting cards Ex. C-4 & Ex. C-5, photocopy of E. Mail Ex. C-6, affidavit of complainant Ex. C-7, photocopy of bill dated 3-12-08 Ex. C-8, photocopy of job sheet Ex. C-9, photocopy of another E-mail Ex. C-10, another affidavit of complainant Ex. C-11, affidavit of Sh. Davinder Kumar Ex. C-12 and affidavit of Sh. Jagdish Rai Bansal Ex. C-13.<br /> 6. In rebuttal, on behalf of the opposite parties three affidavits of S/Sh. Gagan Garg , Rajesh Saini and Subhrarag Mukherjee Ex. R-1 to Ex. R-3 respectively, have been tendered in evidence.<br /> 7. We have heard the opposite party Nos. 1 & 2 in person, counsel for the complainant and opposite party No. 3, and have gone through the record and written submissions of the parties.<br /> 8. After perusal of record and on the basis of arguments in the present case, it reveals that it is admitted fact that complainant purchased Laptop from opposite party No. 1. The said Laptop started giving problem in the month of July, 2009 as it started getting re-started after giving command of shutdown. For the purpose of repair, when complainant approached opposite party No. 1, it advised him to contact opposite party No. 2 (Service Centre). The opposite party No. 2 on 15th July, 2009 removed defect and returned the Laptop to him as per Annexure '1'. He approached opposite party No. 2 on 22-07-2009 with the same problem in his Laptop and again it was returned to him after replacement of Mother Board and Hard Disk Drive to remove the defects in the system, as per Job sheet Ex. C- 9/Annexure '2. On 4-08-2009 when complainant again approached opposite party No. 2 and reported the same problem with the Laptop, he was told that Laptop in question will be sent to Hewlett-Packard India Pvt. Ltd., Bangalore, which will take some time, which was duly understood and assented to by the complainant.<br /> 9. The contention of opposite party No. 2 is that whenever complainant contacted to the service centre, he was duly updated about the exact status of the service and humbly requested to cooperate. It was also submitted that the Laptop in question was delivered in fully working condition to the satisfaction of the complainant on 08-09-2009 and after that no problem was reported to opposite party No. 2. <br /> 10. Sh. Rajesh Saini, Authorised Signatory on behalf of opposite party No. 2 made following offer before this Forum orally as well as in written as per Annexure 'A', to repair the Laptop in question. For that purpose the Laptop has to be sent to Bangalore Service Centre for proper diagnosis and repair :<br /> 1. That complainant will be provided by the standby laptop by 23-12-2009.<br /> 2. That complainant will handover the laptop to OP on 23-12- 2009 and the same will be sent to the head office diagnosis, test and repair. <br /> 3. That OP will handover the repaired laptop by the end of January, 2010. <br /> 11. The complainant did not accept the above said offer. However, keeping in view that Laptop in question started giving problem only in its shutdown process as it started getting restarted after giving command of shutdown and no other defect was pointed out by the complainant in the Laptop and also keeping in view that no manufacturing defect in the Laptop in question stands proved, it will be appropriate if the offer given by opposite party No. 2 before this Forum, is accepted. <br /> 12. The opposite party No. 1 has only sold the Laptop in question to the complainant with one year guarantee/warranty. In case of any defect in the said Laptop, the opposite party Nos. 2 & 3 are liable to redress the grievances of the complainant. Hence, this complaint is accepted against opposite party Nos. 2 & 3 and dismissed qua opposite party No. 1. The parties are directed to do as under : <br /> i) The opposite party No. 2 will provide standby Laptop to the complainant with immediate effect. <br /> ii) The complainant will handover the Laptop in question to opposite party No. 2 on the same day when it provides standby Laptop to him.<br /> iii) The opposite party No. 2 will handover the repaired Laptop in question of the complainant by 28th February, 2010. <br /> iv) The opposite party No. 3 will provide extended warranty/guarantee on the Laptop in question for the period it remained/to be remained with opposite party Nos. 2 & 3, for the purpose of repairs.<br /> Copy of this order be sent to the parties concerned free of cost and file be consigned. <br /> Pronounced :<br /> 01-01-2010 <br /> (Vikramjit Kaur Soni)<br /> President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member <br /> <br /> <br /> (Amarjeet Paul) Member <br />