District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.326/2020.
Date of Institution: 28.09.2020.
Date of Order: 10.08.2022.
Rohit S/o Shri Bharat Bhushan R/op House No. 80, Madnawara, Ward No.11, Near Shiv Kund, Sohna, Gurgram, India, at present:- H.No. 852C, Chawla Colony, Ballabgarh, District, Faridabad, Haryana aged about 24 years, having Aadhaar card No. 5267 6842 9134.
…….Complainant……..
Versus
1. Sargam India Electronics Pvt. Ltd., SC)-311, Sector-29, HUDA Shopping Center, Gurgaon -122002 (Haryana), Mobile Njo. 8506095499. Through its Manager/Principal Officer.
2. Hewlett Packard Enterprises India Pvt. Ltd., Building NO. 2,m DLF Cyber Green, Ist, 5th floor, Tower NO. D & E, DLF Cyber City, Phase-III, Gurgaon – 12202, Haryana India. Through its Direcator/partner/Manager/Principal Officer.
Iind addesss:- Hewlett Packard Global Soft Pvt. Ltd., EC2, Campus, HP Avenue, Survey No. 39 (Part) Electronic City, Phase-II, Hosur Road, Bangalore – 560100, Karnataka, Indian.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Anshul Goyal, counsel for the complainant.
Sh. Bhupesh Kumar, counsel for opposite party No.1.
Sh. Kunal Kant Sharma, counsel for opposite party No.2.
ORDER:
The facts in brief of the complaint are that the complainant had purchased a New HP Laptop (HP 15 – DA0327TU CND8442QHN BP01522 SAHAB SING) vide invoice No. GUR-19-4035 dated 26.05.2019 of Rs.31,500/- for study and business purpose. At the time of purchase of the said HP laptop the opposite party had given the warranty and guarantee of the said laptop and assure to the complainant that the opposite party should replace the said laptop if any of the defect was found within the guarantee period of one year since the date of purchase of the above said laptop. From the beginning the complainant found that the above said laptop was creating problem such as more heating and hanging and power on problem. The complainant had complaint on customer care after two months from the purchase of the above said laptop. Thereafter the opposite party engineer/technician had visited to the home of the complainant and checked the above said laptop but the problem remained same in the above said laptop. The complainant had informed the opposite party through email many time but the opposite party did not give any reply or nor come any technician/engineer to sort out the problem of the above said laptop. The opposite parties also did not reply the phones calls of the complainant and when the complainant approached in the office of the opposite parties and requested to sort out the problem in the laptop but he flatly refused to sort the problem of the laptop and cruel misbehaved to the complainant and now the opposite parties finally refused to replace the said laptop and had also refused to remove the defects of the said laptop. As per the terms and conditions of the warranty, all the opposite parties were legally bound to replace the defective laptop with a new one because it was within the period of warranty/guarantee and it had been a few days passed out when the laptop stopped working completely. The complainant was unable to contact with his customers and due to non-availability of the said laptop the complainant had suffered a business loss to the tune of Rs.1,00,000/-. The complainant sent legal notice dated 19.08.2020 through speed post on 19.08.2020 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund the amount of Rs.31,500/- alongwith interest @ 24% p.a. to the complainant immediately.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that the complainant had purchased one laptop on 26.05.2019 manufactured by HP from opposite party No.1 vide invoice No. GUR-19-4035. The complainant was duly informed about the cost/charge/warranty terms of the said product after being fully satisfied by all the information the complainant purchased the said product. It was pertinent to mention here that respective complainant was given sealed pack and new laptop by the opposite party No.1 The complainant had filed the present complaint purely out of voracity to satisfy its ulterior motives on false and frivolous grounds before this Hon’ble Forum just to cause harassment and the present complaint was one of the pressurizing tactics adopted by the complainant to force the opposite party to accede to its illegal demands. Opposite party No. 1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite party No.2 put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that complainant on 26.05.2019 purchased a HP 15-DA0327TU, CND8442QHN BP01522 vide invoice No. GUR-19-4035 for Rs.31,500/- . It was submitted that all the products of the answering opposite party was provided with warranty, accordingly the laptop in question was provided with warranty for a period of one year from the date of purchase subject to strict adherence of terms and conditions stipulated in the warranty policy. It was further submitted that, no guarantee as alleged was provided on the laptop or any assurance or replacement of the laptop was ever given to the complainant as alleged and the complainant was put to strict proof of the same. It was submitted that, on verifying customer care data base maintained by the answering opposite party, based on serial number of the laptop in question, it was found that, complainant had logged the first complaint on 01.10.2019 to the customer care centre of the answering opposite party reporting issue regarding slow performance post five months from the date of purchase of the laptop, that on receipt of the complaint, the service team of the answering opposite party had promptly attended to the complaint, diagnosed the laptop for the issue reported and guided the complainant to web chat bot, thereafter a service engineer/technician visited the complainant checked the laptop and resolved the issued as per the terms of the warranty. Opposite party No. 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties– Sargam India Electronics Pvt. Ltd. with the prayer to: a) refund the amount of Rs.31,500/- alongwith interest @ 24% p.a. to the complainant immediately. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Rohit, Ex.C-1 – Tax invoice,, Ex.C-2 – legal notice, Ex.C3 to C5 – postal receipts.
On the other hand counsel for the opposite party No.1 strongly
agitated and opposed. As per the evidence of the opposite party No.1 – affidavit of Bhupesh Kumar S/o late Shri tara Chand authorized for and on behalf of M/s. Sargam (I) Electronics Pvt. Ltd. Having head office at Garg Trade Centre Plot No.1, 3rd floor, sEctor-11, Rohini Delhi – 85.
As per the evidence of opposite party No.2, Ex.OP2/A – affidavit of Shri Girish S S/o Sridhara R, Authorized Signatory of HP India Sales Pvt. Ltd., Salarpuria GR Tech Park, Akash Block, Khatha No. 69/3, Whitefield Road, Bangalore, Karnataka, Ex.OP2-1 – Service Call Report,Ex.OP2-2 - reply to legal notice.
7. It is evident from Tax Invoice dated 26.05.2019 vide Ex.C-1 that the complainant had purchased a HP Laptop (HP 15 – DA0327TU CND8442QHN BP01522 SAHAB SING) vide invoice No. GUR-19-4035 dated 26.05.2019 for Rs.31,500/-. From the beginning the complainant found that the above said laptop
was creating problem such as more heating and hanging and power on problem. The complainant had complaint on customer care after two months from the purchase of the above said laptop. Thereafter the opposite party engineer/technician had visited to the home of the complainant and checked the above said laptop but the problem remained same in the above said laptop. The complainant had informed the opposite party through email many time but the opposite party did not give any reply or nor come any technician/engineer to sort out the problem of the above said laptop.
8. After going through the evidence led by the parties, the Commission is of the opinion that lodging of several complaints to opposite parties personally as well as on customer care ipso facto go to prove that the laptop in question had a manufacturing defect which was not removed by the opposite parties. As such, there was deficiency in service on the part of the opposite parties. Hence complaint is allowed.
9. Opposite parties are directed, jointly & severally to refund the amount of Rs.26,694.92 alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Taxable amount not returned to the complainant. Opposite parties are also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 10.08.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
