[Resolved]  HP India — physically damaged laptop sold to cheat customer

Address:

Kolkata, West Bengal

Dear Sir, I am Utpal Kumar Raha, S/O- Prosanta Kumar Raha, resident of Michale Madhusudan Lane, Noapara (N. E.), P.O. Noapara, Barasat, Kolkata 700125. I want to bring the following facts under your consideration: 1. That I am a law abiding citizen of India. 2. That I am a “Research Fellow” and working with Rajiv Gandhi School of Intellectual Property Law (RGSOIPL), Indian Institute of Technology (IIT), Kharagpur. Being a researcher, I opt for the doctrinal mode of research here and I am very much dependent with a laptop for this research work. 3. That I have purchased a LAPTOP HP 15-R036TU, Serial no. CND426BD92 from TECHNOCARE (herein after mentioned as the shop) of 2699/13/1, TIASHA APARTMENT, PIONEER PARK (NEAR HELABATTALA), BARASAT, KOL-700124, VAT NO [protected]. The Invoice no. for the said product is TC/1590/14-15, Dated 20th July, 2014 4. That on 26/10/2014, suddenly I saw that the “TOUCH PAD” in the laptop mentioned above was not functioning. I rushed to the shop and explained it to the shop owner on 11 am on the same day. 5. That the shop owner examined the said laptop and suggested me to seek the HP Support which I did around 3pm on 27/10/2014 from Indian Institute of Technology (IIT), Kharagpur by Case no. [protected] and I also got reply against the complain through the e-mail against that. 6. That in consequence of that an engineer, namely Sourav De came to me and opened the said laptop sitting in the RGSOIPL around 4.30pm on 29/10/2014. 7. That was the FIRST OCCASION when my laptop was opened since the date of purchase i.e. 20/07/2014 from the shop. 8. That we (me, said engineer and my friend namely Jayanta Ghosh) surprisingly saw that a “LITTLE AREA” in his (engineer) term, mother board is damaged and is fixed with “CELLO TAPE” (snaps attached) 9. That he examined the said laptop and verbally said that the “TOUCH PAD” was not functioning due to internal damaged and verbally told me to wait until further reply from the HP Support. 10. That it is clear that the laptop was damaged at the time when it was purchased and I was sold a defective laptop. 11. That the defect was in the laptop within itself which is not only difficult but also impossible to detect for a common consumer like me. 12. That somebody who has broken the said laptop knowingly suppressed this fact and sells it and being the ultimate user I have been cheated. 13. That now I cannot work with this laptop and this disturbances is really affecting me in my research work. 14. That at this moment my questions are that a) Am I not a consumer bestowed with legal rights? b) Why a damaged laptop was sold to me? c) How many days I have to continue with this defective laptop? d) Why will I be deprived of a lawful remedy against this malpractice? Thanking you, Yours faithfully, UTPAL KUMAR RAHA Date: 30/10/2014. Added photo proof Snaps showing broken area fixed with cello tape taken by the mobile of the engineer,