IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 31ST DAY OF MARCH 2016
Present: - Smt. G.Vasanthakumari, President
Adv. Ravisusha, Member
Adv.M.Praveen Kumar, Member
CC.No.159/2015
Neji Nelson : Complainant
Neji Dale
Padappakkara P.O
Mulavana
Kollam
V/S
1. Savex Computer Ltd. : Opposite parties
39-4208/A&B Prakash Bhavan
Ravipuram Road
Kochin – 682016
2. Ensure Support Service (India) Ltd
HP Authorized Service Centre
Mookambika Complex
1st Floor 55/1533
Kaimanam
Trivandrum
3. QRS Retail Ltd
TWINS, Residency Road
Kollam
[By Adv. David Koshy, Kollam]
ORDER
ADV. M. PRAVEEN KUMAR, MEMBER
Complainant’s case is that, he is a BCA student and he purchased HP Laptop (HP 15R 033TY) from 3rd opposite party of Rs.34,990/-on 05/05-2015.After the 10th day of the purchase he knows that, the side panel clip of the display of the lap top not properly fixed. So dust enter through the gap and it will damage the system. This matter informed several times to opposite party 3.But opposite party 3 not yet cured the defects. They directed the complainant to produced the lap before second opposite party. As per the complaint a technician from second opposite party came to complainant’s residence and inspect the laptop. But the defects not cured by the
(2)
second opposite party, second opposite party given a report to the complainant stating that, display frame broken but the customer not willing to replace the new frame now said laptop become totally damaged and not working. Hence the complainant approached the Forum for relief.
After getting notice from this Forum, opposite parties 1 to 3 appeared. Later opposite party 2 neither filed version nor appeared. Hence opposite party 2 set exparte on 04/09/2015.
Opposite party 1 filed version contending that neither the laptop was purchased from the opposite party 1 nor is it the responsibility of the opposite party 1 to provide repairs/service.
Opposite party 3 filed version contending that the 1st opposite party is the supplier of HP products to 3rd opposite party. No privity of contract between 3rd opposite party with 1st and 2nd opposite party. Only the 1st & 2nd opposite parties and manufacturer are responsible under the warranty contract subject to conditions and limitations.
The crucial question arise for consideration is whether the defected laptop having warranty.
Here complainant produced bill and marked as Ext P1 and service records which were marked as Ext.P1 to 3 which is admitted by opposite party and also admitted defected laptop having 1 year warranty. Laptop purchased on 05/05/2015 as per Ext P1 and damages noted in Exts. 2 & 3 is on 19/06/15 and 30/06/15 respectively. On examination of Ext P1 to 3, we are on the view that damages were occurred within the warranty period, hence complainant is liable to get relief.
At this juncture we are constrained to believe that opposite parties made gross deficiency in service and unfair trade practice, and opposite parties are liable to give compensation.
In the result complaint is allowed in part. Opposite party’s directed to pay an amount of Rs.34,490/- (Prize of the laptop) to the complainant with 12% interest from the date of complaint till realization of the amount. Opposite parties are further directed to give Rs.5000/-as cost and compensation to this proceedings. The order is to be complied with within one month from the date of receipt of this order.
Dated this the 31st day of March 2016.
G.VASANTHAKUMARI:Sd/-
ADV.RAVISUSHA: Sd/-
ADV.M.PRAVEENKUMAR: Sd/-
Forwarded/by Order
Senior Superintendent
(3)
I N D E X
PW.1:-Neji Nelson
Ext.P.1:- Retail invoice dated 05/05/15
Ext.P.2:- Service call report dated 19/06/15
Ext.P.3:-Service call report dated 30/06/15
Ext.P.4:-Email registration (3 Nos)
Ext.P.5:-Instruction with warranty
