Supplying Defective Laptop & Failing Warranty Support Amounts To Deficiency In Service: Ernakulam Consumer Commission Fines HP India ₹1.14 Lakh
Pranav B Prem
The Ernakulam District Consumer Disputes Redressal Commission, comprising D.B. Binu (President), V. Ramachandran (Member), and Sreevidhia T.N. (Member), has held HP India Sales Pvt. Ltd. and its authorized vendor Sysmantech jointly and severally liable for deficiency in service and unfair trade practice for supplying a defective HP OMEN 16.1” gaming laptop and failing to provide effective warranty support. The Commission directed the opposite parties to refund ₹1,14,000 against return of the laptop, pay ₹20,000 as compensation for mental agony and inconvenience, and ₹5,000 as litigation costs, with 9% annual interest in case of default.
Background
The complaint was filed by Abraham Paul, a Biomedical Engineering student at Karunya Institute of Technology and Sciences, Coimbatore, who purchased an HP OMEN 16.1” Gaming Laptop (Model 16-b1350TX) on 2 July 2022 from Sysmantech, Kochi, for ₹1,14,000. The product carried a 1+4 year warranty. Within a month, the laptop’s trackpad malfunctioned, which was temporarily repaired but recurred multiple times, as shown in the service record dated 14 December 2022. In June 2024, the keyboard also failed, and an authorized HP technician later reported that the issue stemmed from a faulty motherboard.
Despite repeated complaints via emails and service requests, HP India admitted that the required spare parts were unavailable, leaving the laptop unusable and disrupting the complainant’s academic work. The company did not provide a replacement or refund. The complainant then filed a consumer complaint under Section 35 of the Consumer Protection Act, 2019, seeking a refund, compensation, and costs for deficiency in service and unfair trade practice.
Proceedings and Evidence
Despite being duly served, the opposite parties failed to appear or file their written version within the statutory period. Consequently, the Commission proceeded ex parte.
The complainant produced six documents, including the purchase invoice, service tokens, customer service reports, and email communications evidencing recurring defects and lack of redress. The authorized service report confirmed keyboard and motherboard malfunctions, indicating an inherent manufacturing defect.
Findings of the Commission
The Bench observed that the defects emerged within months of purchase and persisted despite repeated service attempts, establishing the laptop’s defective condition and the manufacturer’s failure to provide effective warranty service. It further held that non-availability of essential spare parts during the warranty period and failure to redress repeated complaints amounted to deficiency in service as defined under Section 2(11) of the Consumer Protection Act, 2019.
Citing the complainant’s status as a student, the Commission also noted that the prolonged malfunction caused mental distress, inconvenience, and academic hardship, warranting compensation.
The Commission stated: “Persistent product defects and failure to render effective after-sales support constitute deficiency in service and elements of unfair trade practice under the Consumer Protection Act, 2019.”
Order
The Commission partly allowed the complaint and directed HP India Sales Pvt. Ltd. and Sysmantech jointly and severally to:
- Refund ₹1,14,000 to the complainant against the return of the HP OMEN laptop and accessories within 45 days.
- Pay ₹20,000 as compensation for mental agony and inconvenience.
- Pay ₹5,000 towards litigation costs.
- Refund and device return to be processed simultaneously, with assistance for data backup.
- Failure to comply within 45 days would attract 9% annual interest from 7 September 2024 until realization.
The Commission held that HP India and its authorized vendor were guilty of deficiency in service and unfair trade practice by selling a defective product and failing to provide effective after-sales support. It reaffirmed that manufacturers must ensure availability of spare parts and timely warranty service, especially for high-value electronic goods.
Cause Title: Abraham Paul vs. HP India Sales Pvt. Ltd. & Sysmantech
Case No: CC.No. 1128 of 2024
Coram: Shri D.B. Binu, President, Shri V. Ramachandran, Member, Smt. Sreevidhia T.N., Member
