Location/place: ALLAHABAD
Name of company/service: 2. HCL, HCL Infosystems Limited E – 4, 5, 6, Sector-11, Noida- 201301.
IN THE CONSUMER DISPUTES REDRESSAL FORUM
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COMPLAINT NO. OF 2012
Ankur Mishra S/O Sri Amitabh Ranjan Mishra
R/o 228/16/54,New Sohbatiya Bagh,
Allahabad – 211006 (U.P.). ………………Complainant
Versus
1. Neeraj Dwivedi, Authorized Service Partner
HCL, HCL Infosystems Limited
11/5, Tashkent Marg, Civil Lines,
Allahabad-211001(Opposite Patrika House)
Mobile No. 9936792685,
E-mail: [email protected]
2. HCL, HCL Infosystems Limited
E – 4, 5, 6, Sector-11, Noida- 201301.
Tel. 1860 1800 425 / 0120-2425451
3. Sachi Computers,
11/5, Tashkent Marg, Civil Lines,
Allahabad-211001(Opposite Patrika House)
Head-Office: 1041/699, Daraganj, Allahabad-211006
Phone No. 0532-2400972, E-mail: [email protected]
………..Respondents/Opposite Parties
To,
The Hon’ble President and his other accompanying Members if the aforesaid Hon’ble Forum.
The humble application of the above named complainant Most Respectfully showeth as under :
1. That the complainant had Purchased a HCL laptop P4106/PDC/3GB/320GB/BT /CM/CA/DVD bearing serial no. 6094A x 462107 on 04.08.2009 from M/S Akash Infotech(an authorized seller of HCL Company), 40H / 34, Elgin Road, Opp. A.H. Wheelers & Company, Civil Lines, Allahabad-211001.
2. That there was problem in opening the laptop on 12.01.2011 and thus the complainant reached at the HCL authorised service center at Allahabad i.e. Sachi Computers,11/5, Tashkent Marg, Civil Lines, Allahabad-211001(Opposite Patrika House), where his laptop was taken and it was repaired by Sachi Computers against the payment of Rs.6,500 though it was under warranty.
3. That the complainant again faced the same problem, upon while the laptop was repaired on 12.01.2011 by HCL service center at Allahabad i.e. Sachi Computers, and when made complaint in this regard, then they replied that they will repair the laptop, only when the Complainant is ready to pay again. Upon which, there was no option to the complainant, except to pay the repairing charges of HCL service center, Allahabad as he was in urgent need of the laptop and thus they again took Rs. 6,500/- as repairing charges on 20.01.2011 and given three months warranty to the complainant upon the repaired work.
4. That even then the complainant continuously faced the same problem and when ever he complaint to the HCL service center, Allahabad or it’s authorized service partner Namely Mr. Neeraj Dwivedi, they did not pay any heed on it and when the laptop of the complainant was completely dead, then he again approached to the Sachi Computers(HCL service center, Allahabad) on 12.04.2011, there despite telling them and showing them previous repairing receipts they were not ready to repair the laptop without payment, on which the laptop was taken back on same day i.e. 12.04.2011 from service centre without repairing the same.
5. That the complainant started to gather information about the warranty coverage scheme of the laptop given by HCL, on which he got information on 28.05.2011 that the warranty of his laptop will expire on 03.08.2012.
6. That then after much tussle and persuasion and when the complainant showed the warranty information receipt to Sachi Computers (HCL service center, Allahabad), then they prepared job-sheet for repairing the laptop on same day i.e. 06.06.2011 and the laptop was repaired without any payment.
7. That a legal notice has been sent to the HCL Infosystems limited, it’s service centre at Allahabad i.e. M/s Sachi Computers, and it’s authorosised partner at Allahabad namely Mr. Neeraj dwivedi on 31.12.2011 through registered post on behalf the complainant.
8. That a reminder about the matter has also been sent to the HCL Infosystems limited on 15.03.2012 through an E-mail alongwith a copy of the legal notice.
9. That again a reminder regarding the present matter has been sent to the HCL Infosystems limited on 16.03.2012 through registered post, alongwith a copy of the legal notice.
10. That in pursuance of the legal notice sent to the opposite parties herein, Opposite no.1 replied the said legal notice with his letter dated 25.4.2012 in which rather shockingly, he bypassed the issue of taking the money from the complainant herein.
11. That again in pursuance to remind the legal impediments the complainant again send a reply/letter through his counsel to the opposite party no. 1 herein on 18.05.2012 by Registered post.
12. That as knowing that the laptop is still having warranty coverage the complainant demanded his previous repairing charges i.e. Rs 13,000(Rs 6,500+ Rs 6,500), because the laptop was repaired by Sachi Computers (HCL service center, Allahabad) under the warranty period, then they gave false ensurance to him that they will refund entire amount which was wrongly charged, but till date no money has been refunded and there is still the same problem persisting in the laptop.
13. That the opposite parties fraudulently charged, the repairing charges of the laptop to the complainant, while the laptop was under the warranty period.
14. That the complainant continuously asking for return-back to his money (which was wrongly taken by Sachi computers as repairing charges) but neither Sachi computers nor the Authorized service partner of HCL in Allahabad, namely Mr. Neeraj Dwivedi pays heed on it till now.
15. That Sachi computers and the Authorized service partner of HCL in Allahabad were not ready to repair the laptop of the complainant without payment, on 12.04.2011 and after that, whenever he ask them to do it but when the receipt of validity of the laptop’s warranty dated-28.05.2011 was shown to them, then they realized that the complainant has proof of the validity of warranty of the aforesaid laptop and hence the laptop was repaired on 06.06.2011 under the warranty scheme of HCL without any charges.
16. That the inaction/action on the part of officers / employees of the HCL Infosystems Limited and M/s Sachi Computers (HCL authorised service center at Allahabad) is completely prejudicial to the credibility of the company.
17. That no prudent businessman issues or gives the product back without getting the money and also never issues two receipts of different dates for one payment. The alibi taken by the opposite party no.1 is completely misconceived, against the record and shows his fraudulent attitude.
18. That neither parawise reply of the legal notice has been given in the letter/reply sent by the opposite party no.1, nor any plausible explanation of delay in reply is given anywhere. Moreover, the “letter/reply” is nothing but a bundle of lies and showing his dishonest and fraudulent intention.
19. That till date, no reply of legal notice sent to the opposite party no. 2 & 3 has been received to the complainant either by opposite party no.-2 or opposite party no. 3 .
20.That opposite parties took “wrongful gain” from the complainant by receiving money as repairing charges, despite the product being under warranty and now opposite party no.1 fraudulently trying the evade the clutches of law by taking a vague plea.
21.That the opposite parties fraudulently received Rs. 13,000/- from the complainant by dishonest misappropritation.
22.That opposite party no.1 knowingly made false representation regarding the repairing charges of the under warranty product (Laptop), with dishonest intention of deceiving and thereby induced the complainant to pay Rs. 13,000/- as 6,500/- on 12.01.2012 and Rs. 6,500/- on 20.04.2012 respectively.
23.That the inaction on the part of the officers / employees of the company/service centre, Allahabad also amount to criminal breach of trust.
24. That the present complaint is being filed within the period prescribed under section 24A of The Consumer Protection Act, 1986.
25. That the present matter is under the jurisdiction of this Hon’ble district Consumer forum .
26. That this is the first complaint before this Hon’ble Court on behalf of the complainant for the relief claimed herein below and no other complaint has been filed by the complainant before this Hon’ble Court or in any Court for the same relief and neither has the complainant instructed anyone other to file complaint on his behalf for the same before this Hon’ble Court or any other Court.
PRAYER
it is , therefore, most respectfully prayed that this learned forum may graciously be pleased to issue :
a) A direction to the opposite parties to refund the amount of Rs. 6,500/- with penal interest @ 18% per annum for the period from 12.01.2012 to till the date of making its actual payment to the complainant.
b) A direction to the opposite parties to refund the amount of Rs. 6,500/- with penal interest @ 18% per annum for the period from 20.01.2012 to till the date of making its actual payment to the complainant.
c) A direction to the opposite parties to pay Rs. 60,000/- as compensation to the complainant for fraudulently charging the repairing charges of the laptop, while the laptop was under the warranty period, harassment of the complainant by the opposite parties and ignoring the request of the complainant to refund/return him back the entire amount wrongly charged for repairing the laptop.
d) Any other direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.
e) Award the costs of the case in favour of the Complainant.
Place : Allahabad
(Ankur Mishra)
S/O Sri Amitabh Ranjan Mishra
R/o 228/16/54,New Sohbatiya Bagh,
Allahabad – 211006 (U.P.)
[email protected]
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