Tamil Nadu

South Chennai

CC/53/2019

Mr. Januarius Vishal - Complainant(s)

Versus

M/s HP Inc - Opp.Party(s)

P.Vinod Kumar

27 Dec 2022

ORDER

                                            Date of Complaint Filed : 08.02.2019

                                           Date of Reservation      : 09.12.2022

                                           Date of Order               : 27.12.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

 

CONSUMER COMPLAINT No. 53/2019

TUESDAY, THE 27^th DAY OF DECEMBER 2022

Mr. J. Januarius Vishal,

S/o. Mr. A. John,

No.10/66, Mugunthan Street,

Krishnapuram, Ambattur,

Chennai – 53.                                                                                                                              ... Complainant              

 

..Vs..

1.Authorised Signatory,

   M/s HP Inc.

   Prestige Palladium Building,

   Suite 2, No.129 to No.140,

   Prestige Palladium Bayan,

   Chennai – 600 006,

   Tamil Nadu.

 

2. Authorised Signatory,

   M/s. Lap Top Shoppee,

   AB 115 4^th Avenue,

   Shanthi Colony,

   Anna Nagar,

   Chennai – 600 101.

 

3. Authorised Signatory,

   M/s.Wipro Limited C/o Volta Technology Soutions,

   No.41/14, first floor,

   Venkatanarayana Road,

   T.Nagar, Chennai – 600 017.                                                                                                               ...  Opposite Parties

 

******

Counsel for the Complainant          : M/s P. Vinod Kumar

Counsel for the Opposite Parties     : Exparte

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

                                                                                                              ORDER

Pronounced by Member-I, Thiru. T.R.Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to refund a sum of Rs.56,000/- towards the cost of laptop that incurred in 2^nd Opposite Party’s shop or provision of brand new laptop of the same model in perfect condition and to pay a sum of Rs.10,00,000/- towards compensation for mental agony, monetary loss and deficiency of service along with cost of this complaint.

2.     The averments of Complaint in brief are as follows:-

The Complainant is a student studying MSW second year in Madras School of Social Works and for submitting his project he needed a Laptop and hence he purchased a HP Laptop Model 14CD0050TX from the 2^nd Opposite Party outlet of the 1^st Opposite Party, for a sum of Rs.56,000/- on 02.08.2018. After 18 days from the date of purchase the Laptop Screen started flicker and blur, hence called the 1^st Opposite Party and an engineer attended the defect on 01.09.2018 and the screen display was checked and on order the display would replace by the 3^rd Opposite Party, when went and enquired with the 3^rd Opposite party as the hardware issues exist within a month of purchase for replacement of the Laptop, it was informed that they would file DOA (Dead on Arrival), but on 11.09.2018 they replacement was denied, hence the faulted display alone was replaced. After two days he notice that the top of the display part got buffed up, again an engineer was sent on 19.09.2018 and a new display was replaced. Thereafter he noticed overheating of the Laptop, which could not be touched in bare hands, it was like a iron box, hence called the 1^st Opposite Party’s customer care and a service engineer visited on 03.11.2018 and applied thermal paste, as the same problem persisted the thermal unit (heat sink and fan of the Laptop) was replaced on 10.11.2018 by the service engineer, even after replacing the same he noticed over heating in the Laptop affecting the functioning capacity of the system. Though the 3^rd Opposite Party representative told him to wait for 10 days for replacement of the Laptop, it was bluntly denied for replacement and told that they would only replace the mother board. In spite of promise made to replace by the 2^nd Opposite Party knowing about the problems, the replacement of the Laptop was refused. The 1^st Opposite Party being a multinational Company thinks their corporate social responsibility ends with their net profit.He sent a legal notice dated 14.12.2018 sent to the Opposite Parties, as he had not received any response, he was constrained to send a reminder notice dated 03.01.2019 to the Opposite Parties, even the same was not responded by the Opposite Parties. From 02.08.2018 to 17.11.2018 the Opposite Parties had made so many trial and error methods to resolve the issue, but failed and led him to mental agony having purchased the same with hard earned money and having waited for 4 months. Hence this complaint.

3.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as  Ex.A-1 to Ex.A-9. The Opposite Party did not appear before this Commission even after sufficient notice served and remained absent and set exparte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1 :-

On careful reading of the complaint and on perusal of the exhibits marked in support of the complaint, it is clear that the Complainant had purchased a Laptop HP X360 14CD0050TX Model from the 2^nd Opposite Party outlet of the 1^st Opposite Party, for a sum of Rs.56,000/- on 02.08.2018, as evidenced from Ex.A-1. Ex.A-2 to A-7 evidences the fault existed in the subject Laptop and replacements made as mentioned by the Complainant. In spite of his request to replace the Laptop as Found in Ex.A-5 and A-6, the Laptop was not replaced. By Ex.A-8 and A-9 Legal Notice dated 14.12.2018 and reminder notice dated 03.01.2019 sent to the Opposite Parties for replacement of the Laptop, no response was made to the said notices by the Opposite Parties. Hence we hold that the Opposite Parties 1 to 3 though had attended the fault of the subject Laptop had negligently failed to rectify the issues of the subject Laptop and had defeated the purpose of which it was purchased by the Complainant. Therefore, we are of the considered view that the Opposite Parties 1 to 3 had committed deficiency of service and had caused mental agony to the Complainant. Accordingly Point No.1 is answered.

Point Nos. 2 and 3:-

As discussed and decided Point No.1 against the Opposite Parties 1 to 3, the Opposite Parties 1 to 3 are liable to refund a sum of Rs.56,000/- towards cost of Laptop or to replace a brand new Laptop of the same model with perfect working condition and also to pay a sum of Rs.10,000/- towards deficiency of service and mental agony, along with cost of Rs.5,000/-, to the Complainant. And the Complainant is not entitled for any other relief/s. Accordingly Point Nos.2 and 3 are answered.

      In the result, the complaint is allowed in part. The  Opposite Parties 1 to 3 are directed jointly and severally to refund a sum of Rs.56,000/- (Rupees Fifty Six Thousand Only) towards cost of Laptop or to replace a brand new Laptop of the same model with perfect working condition and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards deficiency of service and mental agony, along with cost of Rs.5,000/-(Rupees Five Thousand Only), to the Complainant, within 8 weeks within 8 weeks from the date receipt of this order, failing which the above amount of Rs.56,000/- shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of realisation. 

          In the result this complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 27^th of December 2022.

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

Ex.A1	02.08.2018	Sale invoice for the amount of Rs.56,000/- from 2nd Opposite Party
Ex.A2	01.09.2018	Service call report No.8575 from 3rd Opposite Party
Ex.A3	03.09.2018	Service call report No.2176 from 3rd Opposite Party
Ex.A4	15.09.2018	Service call report No.15760 from 3rd Opposite Party
Ex.A5	03.11.2018	Service call report No.19742 from 3rd Opposite Party
Ex.A6	03.11.2018	Service call report No.19573 from 3rd Opposite Party
Ex.A7	17.11.2018	Service call report No.19765 from 3rd Opposite Party
Ex.A8	14.12.2018	Legal Notice issued by Complainant to all Opposite Parties accompanied by Acknowledgements
Ex.A9	03.01.2019	Reminder Legal Notice issued by Complainant to all 3 Opposite Parties accompanied by Acknowledgements

List of documents filed on the side of the Opposite Parties:-

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT