Tamil Nadu

North Chennai

CC/13/2017

Sumathi Lokesh - Complainant(s)

Versus

Sri Sai Service Rep by its Director - Opp.Party(s)

Party in Persion

05 Mar 2020

ORDER

 

                                                            Complaint presented on:  19.12.2016

                                                               Order pronounced on:  05.03.2020

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

THURSDAY  THE 05^th   DAY OF MARCH  2020

 

C.C.NO.13/2017

 

Sumathi Lokesh,

No.09/21, Sathyavathi Nagar,

Padi, Chennai – 600 050.

 

                                                                                     …..Complainant

 ..Vs..

1.M/s. Resq Limited,

Represented by its Director,

3^rd Floor, Court House,

Lokmanya Tilak Marg,

Dhobi Talao, Mumbai – 400 002.

 

2.M/s. Sri Sai Services,

Represented by its Director,

No.10/12, Jasodha Apartments, Bank Street,

Kilpauk, Chennai – 600 010.

 

 

.....Opposite Parties

Counsel for Complainant                          : Party in Person

 

Counsel for  opposite parties                       :Mr. K.Ravikumar

 

 

 

ORDER

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant purchased a HP Lap Top Pavilion model Product Sl.No.5CD4311BVZ for Rs.38,990/- in the name of M/s.Madras Security & Facility Services from Reliance Digital Show Room, Mogappair West, Chennai 600 037 on 26.10.2014. During  purchase, the 2^nd opposite party was insisting the complainant and her husband to purchase ResQ plan provided by 1^st opposite party for another 2 more years which starts from the date of expiry of the company (HP) warranty. The complainant paid Rs.3,667/- for additional warranty  for the period of 26.10.2015 to 25.10.2017. The complainant’s laptop had a problem of hanging/freezing  from the period of purchase. After the expiration of the HP company warranty, the laptop was given to the 2^nd opposite party for repair of hanging/freezing problem on 10.12.2015. The 2^nd opposite party without checking anything, came to a decision suomoto and replaced Hard Disk of the laptop and gave false statement, such as OS installation will not cover under extension of warranty provided by 1^st opposite party. After long and lengthy argument and struggle with 2^nd opposite party, they agreed to install the OS. However, 2^nd opposite party was not able to install the old OS CD and the complainant had purchased the new OS CD from HP and handed over to 2^nd opposite party. After that also the 2^nd opposite party was not able to reinstall the OS and the laptop was sent to HP service center for installation of OS on 18.01.2016 with the issue description “System Freezes”.  After 45 days i.e  on 20.01.2016. the 2^nd opposite party returned the laptop. However, the problem was neither solved nor rectified and the problem of hanging started again very frequently. Hence, it was handed over to 2^nd opposite party for repair along with OS CD on 12.10.2016. The 2^nd opposite party had delivered the laptop to the complainant uncleaned and with lot of scratches acquired in the CD drive without bushes that was fixed for the support of key board which was not available in the market and broken edge at the left side corner of the laptop which seems to be deficiency in service provided by 2^nd opposite party to the complainant.  Hence this complaint.  

2. WRITTEN VERSION FILED BY THE OPPOSITE PARTIES IN BRIEF:

          As per the opposite parties the complainant is not at all a consumer as prescribed in the Consumer Protection Act, 1986 (Act 68 of 1986) as amended.  The opposite parties agree that HP Laptop purchased by the said M/s. Madras Security & Facility Services covers the manufacturer warranty for the one year period which expires on 25.10.2015 and therefore the said M/s. Madras Security & Facility Services purchased the ResQ plan from the 1^st opposite party for servicing the said Laptop for a period from 26.10.2015 to 25.10.2017. The 2^nd opposite party is the authorized service center of the 1^st opposite party undertaking the service work of all electrical and electronic goods including the said Laptop. The ResQ plan is only for the purpose of servicing the Laptop  and not covered O.S (original software) and other software. After 14 months from the date of purchase and after the HP one year warranty was over, the said M/s. Madras Security & Facility Services complained about the hanging issue with the 1^st opposite party and brought the Laptop to the service centre of the 2^nd opposite party on 14.12.2015 vide job sheet No.8005023186. At the time of receiving the product from the complainant  the 2^nd opposite party found scratches on the product and the same was informed to the representative of the complainant. The service engineer of the 2^nd opposite party checked the laptop and found that the said laptop was working very slow.  Therefore the service engineer reloaded the O.S (original software) and kept the product under observation for 3 days. After that also the same problem cropped up and therefore the service engineer called the representative of the said M/s. Madras Security & Facility Services to get the O.S original CD but the representative informed that they do not have the original software. After engineer’s observation he found the hard disk need to be replaced and therefore purchase order was raised and the new hard disk has been replaced. However due to non-availability of O.S with the said M/s. Madras Security & Facility Services, the opposite parties could not load the O.S into the laptop. Therefore the  2^nd opposite party informed the representative of the said M/s.Madras Security & Facility Services to purchase the original O.S.CD which is not covered under the 1^st opposite party’s warranty. On 12.01.2016 the said M/s. Madras Security & Facility Services gave the original O.S CD to the 2^nd opposite party service centre and immediately the service engineer of the 2^nd opposite party reinstalled the original software in the laptop and made the laptop work to the satisfaction of M/s. Madras Security & Facility Services. After 9 months the representative of the said M/s Madras Security & Facility Services complained to the 2^nd opposite party that the Laptop was having hanging problem. The representative of M/s. Madras Security & Facility Services produced the laptop to the 2^nd opposite party service centre on 12.10.2016 vide job sheet no 8006688177. At the time of receiving the product, the 2^nd opposite party found scratches on the laptop and the same was informed to the representative of the said M/s. Madras Security & Facility Services. Due to the repeated issue, the opposite parties took the HP brand support on 28.10.2016 vide job sheet 24079 to the manufacturer. The brand engineer checked the laptop, replaced the keyboard, reinstalled the O.S and made the laptop work satisfactorily. The same was handed over to the said M/s. Madras Security & Facility Services on 18.11.2016. The opposite parties further state that the above complaint is not maintainable  against the opposite parties as the product was purchased by M/s. Madras Security & Facility Services for commercial purpose. There is no deficiency in service on the part of opposite parties.

3. POINTS FOR CONSIDERATION:

1. Whether the complainant is a consumer?

          2. Whether there is deficiency in service on the part of the opposite parties?

          3. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The complainant purchased a HP Laptop Pavilion model product Sl.No.5CD4311BVZ for Rs.38,990/- in the name of M/S Madras Security and Facility services from Reliance digital show room on 26.10.2014 as per the invoice in Ex.A1. Her husband is the owner of the said company. At the instigation of the 2^nd opposite party,   the complainant purchased ResQ Plan which has the extended warranty for further two more years after a year of the regular warranty period i.e. from 26.10.2015 to 25.10.2017 in Ex.A2. The 1^st opposite party is doing the business of undertaking electoral and electronic goods including laptop services and the 2^nd opposite party is working under the 1^st opposite party undertaking the Laptop services on franchise basis.  The laptop purchased by the complainant had a problem of hanging and freezing from the date of purchase as per the complaint and the service Inward/Outward slip is Ex.A3.  Service call report from Ensure Support Services (India) Ltd., is Ex.A4. Job sheet of 2^nd opposite party is Ex.A5 and Ex.A6.   Service call reports, mail correspondences with complaints are exhibited as Ex.A7 to Ex.A16. As per the service records the laptop was given for service after regular warranty period and not soon after its purchase. The defect started soon after the purchase as alleged by the complainant is not substantiated by any proof. The complainant should have utilized the computer for about one year. Legal notice issued by the complainant is Ex.17 and its acknowledgement is Ex.A18 and Ex.19. Ex.B1 to Ex.B6 are marked on the side of opposite parties.

05. The foremost contention of the opposite parties is that the complainant is not a consumer, since the laptop is purchased and also utilized for commercial purpose. Admittedly laptop is purchased in the name of M/s.Madras Security & Facility Services from Reliance Digital Show Room, Mogapair West, Chennai.

Consumer under section 2 (d) means  any person who

1. buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

 

2. ‘(hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ‘(hires or avails of) the services for consideration paid or promised, or partly paid or partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose):

On perusal of the complainant it appears that the laptop is purchased in the name of the firm and the purchase amount was paid by the firm is evident from the invoice and it is also not disputed. The product is being utilized for the firm’s activities only since no other purpose is mentioned in the complaint. It is also not pleaded by the complainant that she is using the laptop for her livelihood or self-employment. As per document No.A20  she  is  partner in the firm  by name M/S.Madras security and facility services. It is understood that the firm is running a business which is a profit making business as per the agreement submitted and the laptop is utilized for the business activity. Laptop is utilized in business like security services for communication, for accounts,  data identifying customers, customer services communication between the customers etc., Therefore  the laptop is purchased only for the commercial activities for Madras security & Facility Services from Reliance Digital Show Room, Mogapair West, Chennai. Nowhere in the complaint it is stated as the business is for the complainant’s livelihood. It is also a partnership firm as seen from the available documents and cannot be presumed that the business is for livelihood of the complainant. Therefore it is concluded that the complainant is not a consumer and the complaint is liable to be dismissed.

06. POINT NO.2 & 3:

It is decided that the complainant is not a consumer under the consumer protection act. Hence other points are not necessary for discussion. Complainant is not entitled for any relief and the complaint is dismissed.

In the result, this complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 05^th day of  March 2020.

 

MEMBER – I                                                                PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 26.10.2014                   Invoice copy of the Laptop

Ex.A2 dated 26.10.2014          Extension warranty Serial No.83365 provided by 1^st opposite party

Ex.A3 dated 10.12.2015          Service produced . Inward/outward slip No.4032 of 2^nd opposite party

Ex.A4 dated 18.01.2016          Service call report from Ensure Support Services (India) Limited HP authorized service center

Ex.A5 dated 12.10.2016          Job Sheet No.8006688177 of 2^nd opposite party

Ex.A6 dated 24.10.2016          Manual Job Sheet No.8006688177 of 2^nd opposite party

Ex.A7 dated 24.10.2016          Complaint sent to customer care support of 1^st opposite party

Ex.A8 dated 25.10.2016          Enquiry  mail to the complaint dated 24.10.2016 from Mr.Allen Customer support team of 1^st opposite party

Ex.A9 dated 26.10.2016          Reply to the complaint dated 24.10.2016 and allotted complaint No.700166085 from Mr.Allen, Customer support team of 1^st opposite party.

Ex.A10 dated 26.10.2016        Another complaint sent to customer care support of 1^st opposite party

Ex.A11 dated 27.10.2016        Reply mail by Mr.Allen customer support team of 1^st opposite party

Ex.A12  dated 28.10.2016       Service call report from Ensure support services (india) Limited HP authorized service center

Ex.A13 dated 18.11.2016        Complaint sent by the complainant to the customer care support email id of 1^st opposite party

Ex.A14 dated 19.11.2016        Reply received from customer care support email id of 1^st opposite party

Ex.A15 dated 19.11.2016        Mail sent to customer care support email id of 1^st opposite patty

Ex.A16 dated 19.11.2016        Reply received from customer care support email id of 1^st opposite party

Ex.A17 dated 26.11.2016        Legal Notice sent to 1^st and 2^nd opposite parties

Ex.A18 dated 26.11.2016        Postal Receipts

Ex.A19 dated NIL                   E-acknowledgement from Indian Postal Department

Ex.A20 dated 23.09.2011        Deed of Partnership

LIST OF DOCUMENTS FILED BY THE   OPPOSITE PARTIES:

 

Ex.B1 dated 28.10.2016                   Service call report

 

Ex.B2 dated 24.10.2016                   Job Sheet

 

Ex.B3dated 24.10.2016           Acknowledgement

 

Ex.B4 dated 22.01.2016                   Job Sheet

 

Ex.B5 dated 22.01.2016                   Job Sheet

 

Ex.B6 dated NIL                      Invoice copy

 

 

 

 

MEMBER – I                                                               PRESIDENT