Complainant Deepak Kumar filed this complaint with a claim of Rs. 39890/-, the cost of the Laptop and compensation of Rs. 10,000/- either from the manufacturer or the dealer.
2 The case of the complainant is that he has purchased a laptop model 15-e006TU, Sl. No. 5CD32587YY with three year warranty from Softech agency Sector-4, Bokaro on 18.08.2013 vide invoice No. SA/RINVOICE/2404/13-14. It is alleged that the Laptop bought was DOS based and O.P. No.1 sent the laptop for installing OS (operating system) and returned the laptop within 2 hours. But the problem starting with few lines fluctuating on the display on the laptop but the complainant ignores those line but on 25.03.2015 those lines got transformed into a big black patch. The complainant went to the nearest service centre in Bokaro and registered a complaint No. 4749291618. The service centre took the laptop for repairing. Since the laptop was within warranty period, they said it would be replaced free of cost and they issued a receipt. Complainant received a message on 30.03.2015 since the laptop is under warranty so it would be replaced but on 31.03.2015 another message received that CT Number of the display is not matching with the model number of the laptop, so the replacement would be chargeable.
The complainant went to the dealer Softech Agency and told CT number is the unique number, how the CT number is not matching with the model number of the laptop. The service centre told that you might have changed it and the dealer suggested to file a case against the company. Then the complainant called HP customer care and customer support office advised him to talk to Anurima Ghosh giving her mobile number. Complainant several times called but she never picked the phone. Thereafter, another number of Mr. Debashish Mohanty was given but he talked rudely. Thereafter, complainant called Arunima Ghosh, she responded, she is in meeting would call later and customer care again registered a fresh complaint vide No. 4749510147. Again the complainant called Arumima Ghosh, she advised to write to higher authority. The complainant wrote to HP Authority and received on 06.04.2015 a Mail from Biraja Prasad Bidhar. He told CT Number- CT#CCSLU01KB4IQFC is not matching with model of laptop so replacement would be chargeable. The complainant asked to provide original CT Number of the display which is CT#CCSLU01KB4IQFH and filed a complaint online but there was no reply.
Therefore, the dealer Softech Agency or manufacturer has to be answerable regarding the problem.
3 Complainant filed following Anxs:-
Anx-1Copy of the Retail invoice
Anx-2 Copy of the Serial Number of the laptop with Product number
Anx-3 to 3/3 Copies of the E-mail conversation.
Anx-4 and 4/1Copy of the complaint of Service Call Report of the service
centre at Bokaro.
Anx-5 and 5/4 Copies of the Mail to the higher authority and reply.
4 O.P. No.2 Ensure Support Services (India Ltd.), a service centre at Bokaro appeared and filed W.S. and denied the allegations of the complainant that this O.P. is liable for redemption of the problem of the complainant and the dealer or the manufacturer is liable, hence there is no deficiency on the part of this O.P.
5 O.P. No.1 Softech Agency and O.P. No.3 the Manufacturer HP Redemption solution integrated Marketing Services Pvt. Ltd. have not appeared and thus Ex-parte proceeding is initiated against them.
F I N D I N G S
6 We perused the record. It appears the complainant is the bonafied purchaser of HP Laptop on payment hence he is a consumer and the dispute is the consumer dispute.
7 As per the allegation of the complainant, after the purchase of the laptop of Hewlett-Packard (HP) Co. having Model Number 15-e006TU with sl. No. 5CD32587YY from the dealer O.P. No.1 on 18.08.2013 vide invoice no. SA/RINVOICE/ 2404 /13-14 for Rs. 39890/- including the VAT. This is supported by Anx-1. Anx-1 reveals apart from model number, serial number is also given but it does not show the CT Number. It is complaint by the complainant CT number is the unique number which attached with the product for tracking and it is mentioned inside the device. When the laptop started giving trouble in display, the complainant produced the laptop at the service centre of the HP Company at Bokaro who assured to replace the display free of the cost since it is under warranty period. But further the message having sent to the complainant that CT number is not matching with the model number of the laptop therefore, it is without warranty period and the replacement is chargeable.
Complainant tried his best to put the problem before the dealer as well as the manufacturer redemption cell which is supported by the E-mail conversation vide Anx-3 series and Anx- 5 series. But neither the dealer nor the manufacturer solved the problem of the complainant which certainly is deficiency in service as well as unfair trade practice under the Consumer Protection Act and CT number is a unique number attached with the particular model being provided by the manufacturer, therefore, how the CT Number of the complainant’s laptop is not matching. It is the matter in between the dealer and the manufacturer and the complainant has no concern with that because the service centre O.P. No.2, the Authorized centre of the HP company collected the laptop after due satisfaction that the laptop was never opened by any one.
8 Therefore, we hold the manufacturer HP company is liable for this defect and accordingly the claim of the complainant is allowed and O.P. No.3 is the redemption cell of the company is directed to replace the display of the laptop free of cost since the laptop when received by the service centre at Bokaro was under the warranty period of 3 years. In case the display panel is not replaced, then the O.P. No.3 is liable to pay back Rs. 39,890/- (Rs. Thirty nine thousand eight hundred ninety) only with interest of 10% (ten per cent) per annum since the date of purchase i.e. 18.08.2013 to the complainant within 60 days of passing of this order along with compensation of Rs. 3000/-Rs. Three thousand) only and litigation cost of Rs. 1000/- (Rs. One thousand) only.
If the Laptop is not handed over to the complainant with replaced display panel of the laptop or the refund of the cost of the laptop with interest within period mentioned above, the rate of interest on the cost amount Rs. 39,890/- (Rs. Thirty nine thousand eight hundred ninety) only will be enhanced to 15% per annum till realization.
Let a copy of this order be sent to O.P. No.3 at the cost of the complainant.
