Tamil Nadu

North Chennai

CC/19/2019

Mr.K.Balaji - Complainant(s)

Versus

The Manager HP Inc - Opp.Party(s)

Party in Person

20 Sep 2019

ORDER

 

                                                            Complaint presented on:  23.10.2018

                                                               Order pronounced on:  20.09.2019

 

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

 

FRIDAY  THE 20^th  DAY OF SEPTEMBER 2019

 

C.C.NO.19/2019

 

Mr.K.Balaji,

2100, Y Block, 4^th Street,

12^th Main Road,

Shanti Colony,

Anna Nagar, Chennai – 600 040.

                                                                                        …..Complainant

 ..Vs..

1.HP Inc.,

Represented by its Manager,

Suite 2, No 129 to 140,

Prestige Palladium – Bayan Building,

Chennai – 600 006.

 

2.IQOR,

Represented by its Manager,

Block 2, 1^st Floor, Prakash House,

Rajouri Garden,

New Delhi – 110 027.

 

3.Globus HP World,

Represented by its Manager,

AL -48, Block # 105, 4^th Avenue,

Shanti Colony, Anna Nagar,

Chennai – 600 040.

 

.....Opposite Parties

Counsel for Complainant                       : Party in Person

 

Counsel for  opposite parties                    : Ex – parte (25.04.2019)

 

O R D E R

 

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

            This complaint is filed by the complainant to direct the opposite parties to pay a sum of Rs.68,000/- towards the purchase of laptop with interest till the date of realization and also a sum of Rs.2,00,000/- towards compensation for mental agony with cost of complaint  u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IN BRIEF:

          The complainant had purchased a HP Pavilion laptop (Serial No: 5CD75129S8) from 3^rd opposite party on 4^th June 2018. After purchase the complainant moved to Delhi for Education. On 16th June 2018 the complainant had found some issues (Grey Shades) on the Laptop Screen and it disappeared after some time. The complainant registered online complaint (Case ID: 5015829823) with HP. The person took the call from first party’s customer care updated some graphics setting and closed the issue. But the compliant used to get the same issues even after he closed the case. On 1^st August 2018 the complainant faced the same issue again. But this time had sufficient time to take a snapshot on the complainant’s mobile phone. With all the evidence the complainant raised the complaint (Case ID: 5017989175) with first opposite party again. On 08^th August 2018 a technician from IQOR (second opposite party) came to the complainant’s house to fix the screen issue. Technician is not well equipped with proper equipments and also the technician did not know the specifications of the complainant’s laptop. The technician came with normal LCD panel instead of touch screen panel. The Technician used you tube and referred his friends to open the laptop. He used his brute force damaged the entire screen and made scratches on the top cover of laptop. After a week another technician came. He just assessed the case and left the house. Finally a technician from 2^nd opposite party office came after a week with a stand by laptop. It was not functioning properly. The complainant was without laptop for about 2 weeks. The sole purpose of buying the laptop was for his online classes (from June to September) ended in vain. Meanwhile the complaint got urgent work in Chennai. The complainant went to 2^nd opposite party’s office and informed them his plans of moving to Chennai. The 2^nd opposite party told that they will try to fix the issue within a week or they will fix the laptop and courier the same to the complainant’s residential address in Chennai. Till now the complaint did not receive the product back. Hence this complaint.

2. The complainant had come forward with his respective proof affidavit and documents. Ex.A1 to Ex.A7 were marked on the side of the complainant

3. The opposite parties were called absent and they were set ex-parte on 25.04.2019.

          4. The written arguments of the complainant is filed and the oral argument was heard.   

5. POINTS FOR CONSIDERATION:

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

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

6. POINT NO :1 

          The complainant  had purchased HP Pavilian Labtop with Serial Number.5CD75129S8 from the 3^rd opposite party  on 4^th June 2018 vide Ex.A1 for an amount of Rs.68,000/-. On 16^th June the complainant found an  issue of grey shade appeared on the screen of the Laptop for a while and disappeared.  The complainant registered online complaints vide Ex.A2 on 01.08.2018 and case ID is 5017989175 with Hp as suggested by 3^rd opposite party’s Manager. The issue was updated and was closed by them. Second time the complainant took the snap shot from his mobile and with the evidence the complaint was raised by the complainant and the ID No for the same is ID:5017989175. The technician from the 2^nd opposite party had visited the complainant‘s residence and spoiled the Laptop without having sufficient knowledge on the technical side. After a week another technician came to attend the service but just assessed the case and left. Finally the Laptop was picked up the 2^nd opposite party but not returned till date the complainant approached the 1^st & 2^nd opposite parties which ended in vain. E-mail conversation between the complainant and opposite parties till October 2018 are in Ex.A3.Job sheet dated 14.08.2018 in Ex.A4. Finally notice was issued by the complainant to opposite parties dated 25.09.2018 is in Ex.A5 and again second notice to opposite parties was also given on 03.10.2018 under Ex.A6 and the acknowledgement are in Ex.A7. The Notices are not replied by opposite parties.

         07. The opposite parties have not appeared before this forum to answer the complaint and they were set ex-parte. It is inferred from the documents filed by the complainant that he purchased the Laptop from the 3^rd opposite party and there was some issues and that was not rectified inspite of the complainants report before the service provider of Hp  and finally the Laptop was taken for repair but not returned till date.  No contra evidence or defense by the opposite parties either to disprove the case of the complainant or to defend and to put for the case of the opposite parties, if any. The complainant’s letter addressed to opposite parties twice is also not responded. The complainant had filed the appropriate documents and proved his case. As per the documents filed and argued by the complainant the Laptop is still lying with the 2^nd opposite party. Therefore there is deficiency in service by all the opposite parties and mental agony is caused to the complainant due to their deficiency in service is accepted by this forum. Hence the complainant is entitled to get back the new Laptop of the same type or else he is entitled for the invoice amount with interest from the 2^nd opposite party who is possession of the same and all the opposite parties are severally and jointly held liable for deficiency in service.

08. POINT NO:2

       It is held that the complainant is entitled for the relief claimed and the sufferings as an aspirant of Civil services preparing for the examinations as pleaded by him is accepted by this Forum. Therefore  2^nd opposite party  is directed to replace with a new Laptop of the same type or to return the amount of Rs.68,000/-with interest @ 6% from 04.06.2018 till the date of realization and opposite parties  are severally and jointly directed to pay an amount of Rs.30,000/- as compensation for deficiency in service besides a sum of Rs.2,000/- for costs.                        

In the result, the complaint is partly allowed. The 2^nd opposite party is directed to replace a new Laptop of the same type or to return the amount of Rs.68,000/-(Rupees sixty eight thousand only) with interest @ 6% from 04.06.2018 till the date of realization. The opposite parties 1 to 3  jointly or severally are ordered to pay a sum of Rs.30,000/-(Rupees thirty thousand only) to the complainant  as compensation for mental agony and deficiency in service besides a sum of Rs.2,000/- (Rupees two thousand only) for costs.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 20^th day of September 2019.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 04.06.2018                   Invoice of the Laptop

 

Ex.A2 dated 01.08.2018                   Complainant registration of online complaint

 

Ex.A3 dated 02.08.2018          E-mail conversation between complainant and 

To 15.10.2018                         opposite parties

 

Ex.A4 dated 14.08.2018          Job Sheet from IQOR

 

Ex.A5 dated 25.09.2018          Notice from complainant to opposite parties

 

Ex.A6 dated 03.09.2018          respondent-notice from complainant to opposite parties

 

Ex.A7 dated NIL                     Acknowledgement Cards                                                                           

 

MEMBER – I                                                               PRESIDENT