Haryana

Ambala

CC/213/2011

ASHOK KUMAR - Complainant(s)

Versus

M/S HCL INFO SYS LIMITED - Opp.Party(s)

ASHUTOSH GUPTA

27 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

              Complaint Case No.:  213 of 2011

   Date of Institution   :  11.07.2011          

   Date of Decision        : 27.04.2016

 

 

Ashok Kumar S/o Mohan Lal R/o Village Babyal, Tehsil & District Ambala.

 

……….Complainant

 

Versus

 

1.         M/s HCL Info Sys Limited, Branch Office at 2^nd Floor, SCO 2441-42, Sector 22-C, Chandigarh.

 

            Present Address: M/s HCL Info Sys Ltd., SCO 66-67, 2^nd Floor, Sector 17-A, Chandigarh.

 

2.         M/s Saughat, 105-106, Rai Market, Ambala Cantt.

                                                                                                            ……Opposite Parties.

 

Complaint under Section 12 of the  Consumer Protection Act.

 

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

 

Present:          Sh. Ashutosh Gupta, Adv. counsel for complainant.

                        Ops exparte.

 

ORDER

 

                        Complainant has filed the present complaint alleging therein that  he purchased a computer Model AQ 436+BG285+1958  manufactured by OP No.1 through OP No.2 vide invoice No.3358 dated 27.10.2006 in a sum of Rs.36500/- having warranty of two years and thereafter complainant further purchased Annual Maintenance Contract (AMC) from OP No.1 for the period from 27.09.2008 to 26.09.2010. As per terms & conditions of AMC, all the terms & conditions printed on the warranty card for standard one year, will remain applicable for the AMC as well.  It has been further contended by the complainant that  in the first week of September 2010, the computer started giving trouble  of display, so the complainant immediately contacted the Customer Care Service Centre of OP No.1 vide job card no.2743 dated 14.09.2010 where the officials of Service Centre received the Computer (MBD) for replacement but failed to deliver the same to the complainant despite his repeated requests and reminders rather no satisfactory reply  was given to complainant. Since then, OP No.1 is putting off the matter on one pretext or the other.  Hence, complainant has contended that there is deficiency in service on the part of Ops and prayed for  granting of relief as mentioned in prayer para of the complaint.

2.                     Upon notice, OP No.2 appeared  and filed written statement & affidavit wherein he admitted that they have sold the computer in question to the complainant in 2006  having one year warranty and the problem occurred in mother board in 2010, so there is no deficiency on their part and the AMC was made  by complainant with HCL company i.e. OP No.1 after the expiry of warranty, so they are not responsible in any way in the matter.  After filing reply, OP No.2 did not bother to contest the case and thus he was proceeded against exparte vide order dated 08.04.2013 whereas   Op No.1 did not bothered to appear despite registered notice and as such, he was also proceeded against exparte vide order dated 28.11.2013.

3.                     To prove his version, counsel for complainant tendered in evidence affidavit of complainant as Annexure CX alongwith documents as Annexures C-1 to C-3 and closed the evidence on behalf of complainant.

4.                     We have heard learned counsel for the complainant and gone through the record carefully. Annexure C-1 is the copy of purchase bill of the computer in question, Annexure C-2 is the  AMC Registration Form and Annexure C-3 is the copy of complaint dated 14.09.2010 made by complainant to HCL Customer Service Centre  vide job card no.2743. From perusal of  document Annexure C-3, it reveals that computer became defective on 14.09.2010 with problem of ‘Beep Problem  No Display’ and was  retained by the Op  Service Centre for replacement. Further  perusal of document Annexure C-2 reveals that the AMC of the computer was for two years ranging from 27.09.2008 to 26.09.2010 with a rider that ‘The terms and conditions printed on the warranty card for standard one year warranty remain applicable for the AMC as well’.

5.                     From the above, it is crystal clear that during the AMC period (27.09.2008 to 26.09.2010), the computer system got Beep Problem & No Display etc. and the OP’s No.1 Service Centre retained computer (MBD) for replacement. But the OP No.1 neither returned the computer to the complainant after repair nor replaced the same till date as per version of complainant.  Even otherwise, OP No.1 did not bother to appear & rebut the contention of complainant inspite of service through Regd. Post and thus we have no option except to believe the version of complainant. Hence, we are of the confirmed view that the Op No.1 is negligent & deficient in providing proper services to the complainant. Accordingly, we hold that the Op No.1 is guilty of gross negligence, deficiency in service as well as unfair trade practice.  As such, the Op No.1 is directed to comply with the following directions within 30 days from the communication of this order:-

1. To return the Computer to the complainant in perfect working condition and in case same is not available, then to refund the bill amount of the computer amounting to  Rs.36,500/- alongwith simple interest @ 9% per annum from the date filing of complaint  to till date.
2. Also to pay a sum of Rs.5000/- to the complainant as compensation for harassment and litigation expenses etc.

                        Further the award in question/directions issued above must be complied with by the OP No.1 within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is allowed in above terms. Copies of this order be sent to the parties concerned free of costs. File be consigned to the record room after due compliance. 

 

Announced: 27.04.2016                                                                                                 Sd/-

                                                                                                                                   (A.K. SARDANA)

                                                                                                                                      PRESIDENT

                                                                                                                                  Sd/-

                                                                                                                  (PUSHPENDER KUMAR)

                                                                                                                                       MEMBER