We had purchased a HP Compaq V3133AU model laptop (product no. RM553PA, serial no. 2CE6410L07) on 28th October in the name of our company M/s. Calorie House (P) Ltd, 83C Ananda Palit Road, Kolkata – 700014, from a Hewlett-Packard authorized dealer M/s Optima Infotech, 24 Park Street, Kolkata – 700016, vide their bill no. 04047 of amount Rs.43000 (document available). Since July the machine was giving problem of undesired shut down. In the end of September the laptop went dead (no display on screen) and it would not open. We sent it to the dealer and they then forwarded us to the Hewlett-Packard Service Centre at 1, Dr. U.N. Brahmachari Street, Kolkata - 700016. We learnt from the dealer that this particular type of series / model which we owned had a manufacturing defect in the motherboard (system board) which comes to the forefront only after 18-24 months of usage. The dealer said that they had similar 6-8 sets lying at their outlet at that time with the same defect. Then we took the laptop to the Hewlett-Packard Service Centre on 22/10/08 vide their Token No. 23989 (photocopy of document available) and their engineer Mr. Saikat also agreed that it was a manufacturing defect and promised us that he will replace the entire faulty motherboard for free. After 25 days on 14/11/08 (photocopy of document available), we were given back the laptop with the replaced motherboard with an assurance from their Mr. Arunav that the changed motherboard is not faulty and that it will be further covered for one more year (till 28/10/09) under their HP Limited Warranty Service Enhancement (printout of document available). We had asked for a written document from him, to which he said that the policy is universal and is given online in the Hewlett-Packard website under the search code ‘c01087277’. But to our despair, the new motherboard also went dead (similar problem) in just 30-40 days of replacement (around middle of December). We again sent the laptop to the Hewlett-Packard Service Centre on 3/2/09, Token No. 30044 (document available), and their engineers Mr. Arnab and Mr. Saikat confirmed that the motherboard has gone dead. Now when we reminded them of the earlier promise and the warranty scheme, they said that it was only till 28/10/08 (2 years from the beginning of the actual warranty) and that the assurance of extension till 28/10/09 was a mistake on their part. They told that it will now be chargeable. We then had a talk to their manager / supervisor Mr. Rupam Halder on 4/2/09 regarding the warranty, who also said that we will be charged for the repairs. We then rechecked their website for the HP Limited Warranty Service Enhancement scheme. It did say that the warranty was for 2 years from the date of beginning of the actual warranty but it also mentioned that if the laptop goes wrong within 90 days of receiving the repair, then they will again replace / repair it for free. The very next day, we again contacted their manager / supervisor Mr. Rupam Halder and informed him about the particular clause to which he quite reluctantly agreed. We then requested him that when there is a manufacturing defect in the laptop, then they should replace the existing faulty one with a new laptop. For if the laptop again goes wrong within a few days then he said that they won’t be able to cater to us further and that we will then have to pay for the repair / replacement which will be a sum of something between Rs.18, 000 – Rs.20, 000. Mr. Halder told us that he will talk to his management and revert back. Then after three reminder emails on 10/2/09, 13/2/09 and last on 17/2/09 (where we warned him of going to the Consumer Protection Court), he called back and said that they had again replaced the defective motherboard with a new one but they cannot replace the laptop and also cannot give any assurance on the replaced motherboard (which meant that now we will have to pay for future repairs). So we decided of not collecting the laptop from the Hewlett-Packard Service Centre and seek kind help from the Consumer Protection Forum.
Now, our issues are:
1. Why should we accept a product which according to Hewlett-Packard’s website, engineers, manager and dealer has a manufacturing defect?
2. How could they sell a product which had a manufacturing defect? Why didn’t they inform us about the manufacturing defect even after the purchase? Don’t we have the ‘right to be informed’ about the product for which we paid Rs.43, 000 of our hard-earned money?
3. They wasted 25 days of our valuable time from 22/10/08 to 14/11/08 for the first repair. Again the entire beginning of this year till date, we are suffering because of their faulty machine. Shouldn’t they compensate for the harassment and work loss?
4. Shouldn’t we be compensated for the intentional misguidance by the Hewlett-Packard employees and the harassment thereof?
As you know that in today’s time a laptop is such a valuable business tool and without it people feel almost handicapped. In the entire tussle we had lost many valuable working hours. How can someone accept if such a costly and reputed laptop runs for just 1.5 - 2 years? Now we simply seek full refund as we don’t think we can now accept a replacement laptop from Hewlett-Packard for the experience has shaken our belief on the credibility of the company.
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