BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 122 of 2019
Date of Institution : 08.03.2019
Date of Decision : 06.11.2019.
Suryansh Yadav son of Shri Sunil Yadav, resident of House No.339, Gali No.10A, Aggarsain Colony, Sirsa, District Sirsa (Haryana).
……Complainant.
Versus.
- M/s Khanna Computers, Opp. Munjal Hospital, VIP Market, Arya Samaj Road, Sirsa, through its proprietor.
- Sysnet Global Technologies (P) Ltd., DSB 248, First Floor, Green Square Market, Hisar, through its Manager/ In-charge.
- HP India Sales Private Limited, 24, Salarpuria Arena, Houser Main Road, Adyugod, Bangalore- 560 030 through its Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL …… MEMBER.
SMT. SUKHDEEP KAUR……….. MEMBER
Present: Sh. Amit Sharma, Advocate for complainant.
Opposite parties no.1 and 2 exparte.
Smt. Abha Purohit, Advocate for opposite party no.3.
ORDER
The case of the complainant, in brief, is that complainant purchased a brand new HP nb PC pavilion laptop HSN 8471 for a sum of Rs.48,500/- from opposite party no.1 vide invoice No. KC/2017-2018/ 297 dated 30.9.2017. At that time, op no.1 extended one year warranty of this laptop against all manufacturing defects therein. That after few days of its purchase, the said laptop developed defects therein as its display started showing spots, mouse pad stopped working and there were other operational issues. The complainant on noticing these defects in the said laptop reported the same to op no.1 whereupon op no.1 sent him to op no.2, but op no.2 could not bring this laptop in perfect working order. The complainant lodged such complaints on six occasions and all six times, the laptop was repaired by op no.2 but even then same could not be brought in working order and same is lying in defective condition with the complainant and it shows that there is some manufacturing defect in the said laptop. It is further averred that complainant has incurred a huge amount on purchase of above said laptop, but he could not enjoy its benefits and the ops are under legal obligation to replace the same with a new one or to refund its total price to the complainant alongwith interest. That complainant has approached op no.1 and requested to replace the above defective laptop with a new one or to refund its price, but the ops have flatly refused to do so. Ultimatly, the complainant got served legal notice upon the ops on 12.9.2018, but of no use. Hence, this complaint.
2. On notice, opposite parties no.1 and 2 failed to appear before this Forum and as they ops no.1 and 2 were proceeded against exparte.
3. Opposite party no.3 appeared and filed written statement submitting therein that answering op is well supported by the excellent authorized channel partner and service centres, having excellent setup for after sales servicing of its products, which are manned by qualified and experienced personnel only. The customers of all the products manufactured by the answering op are provided services through a large network of authorized channel partners and service centres. It is further submitted that complainant has made misconceived and baseless allegations of manufacturing defects in the laptop without relying on any expert report from a recognized and notified laboratory as per Section 13 (1) of the Consumer Protection Act, 1986. The complainant has miserably failed to prove the alleged manufacturing defect. The laptop purchased by complainant is a well established product in the market and over a period of years, the consumers are using the product and the complainant had purchased the laptop after being satisfied with the condition of the same and its performance. All the products manufactured by answering op are marketed only after the prototype of the same is being approved by the appropriate authority. All the products are put through stringent control systems, quality checks and tests by the country quality department before being cleared for dispatch to the market. It is further submitted that whenever any customer reports issue to a service centre for any repairs, the complaints/ grievances of the customer are recorded in the job card, which do not imply admission of any defects in the product, but a mere representation of the customer’s grievances on the said product. It is further submitted that the subject laptop had standard warranty for a period of three years from the date of purchase, as on date the laptop is in the warranty period. That on verification of the data base maintained by the answering op’s company based on the serial number of the laptop for the calls/ complaints lodged to the customer care centre, it is found that the complainant had reported issues in respect of the keyboard of the laptop to the customer care centre/ authorized service centre during different time intervals. On receipt of the complaint, the service team of answering op had submitted the laptop for diagnosis and resolved the issues reported by carrying out repair/ reinstalling the drivers and replacing the required part i.e. touchpad as per the terms of the warranty, kept laptop under observation and on confirmation that the laptop is working fine as per specifications, upon the consent of complainant, the complaints were closed and the laptop was delivered to the complainant. It is further submitted that there are no known issues, manufacturing defects or technical faults in the laptop and same is working fine as per specifications/ design. The answering op is ready and willing to diagnose and resolve the issues (if any) in the laptop and complainant is at liberty to approach the answering op or its customer care centre/ authorized service centre to get the issues resolved as per terms of the warranty. The answering op is not liable for replacement of the laptop or to refund the costs of the laptop with interest. The preliminary objection that this forum has no jurisdiction is also taken. With these averments, dismissal of complaint prayed for.
4. The complainant and op no.3 then led their respective evidence.
5. We have heard learned counsel for complainant as well as learned counsel for op no.3 and have perused the case file carefully.
6. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of legal notice Ex.C1, postal receipts Ex.C2 to Ex.C4 and copy of invoice Ex.C5. On the other hand, op no.3 has furnished affidavit of Sh. Girish.S, authorized signatory as Ex.RW1/A and has also furnished copies of service call reports Ex.R1 to Ex.R3.
7. Undisputedly, the complainant had purchased a laptop from op no.1 for a sum of Rs.48,500/- on 30.9.2017 with warranty of one year and same is manufactured by op no.3. But however, as per allegations of complainant same was not working properly even after few days of purchase of laptop, as a result of which he approached service centre and ops no.1 and 3 time and again. The allegations of complainant also stand proved from the copies of job cards Ex.R1 to Ex.R3. It is settled principle of law that it is legal obligation of the ops to provide after sales services to the customer like complainant without any costs during period of warranty. Though complainant has claimed replacement of the laptop, but however, he has not placed on record any expert opinion from which it could be presumed that product is suffering from any manufacturing defect and needs full replacement. Since, laptop is not working properly and complainant has approached to the ops many times, therefore, ops are under legal obligation to make the laptop defect free.
8. In view of our above discussion, we allow this complaint and direct the opposite parties to carry out necessary repairs in the laptop of the complainant even by replacing any part and to make it defect free without any costs within a period of 30 days from the date of receipt of laptop from complainant. In case it is found that laptop is not repairable, then the ops shall be liable to replace the laptop in question with a new one of same make and model or in the alternate to make refund of the amount of Rs.48,500/- i.e. price of the laptop to the complainant within further period of 15 days, failing which the complainant will be entitled to interest @7% per annum on the said amount from the date of order till actual realization. We also direct the ops to pay a sum of Rs.5000/- as composite compensation for harassment and litigation expenses to the complainant. The complainant is directed to hand over the laptop in question to the ops well in time against proper receipt. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:06.11.2019. Member Member District Consumer Disputes
Redressal Forum, Sirsa.
