The New Delhi District Consumer Disputes Redressal Forum also awarded the customer Rs 3,000 as compensation saying he was "mentally harassed" as he had been approaching HCL ever since he had purchased the computer, for rectifying the problems with the machine.
"...The complainant has been mentally harassed and it (HCL) has no option except to replace the set or refund the amount as per the invoice as it is pointed out by the service centre that it is a software manufacturing problem.
"Opposite party is directed to refund Rs 27,890 or replace the set in question or any substitute computer may be provided to the complainant of the same value. We also award Rs 3,000 as litigation and harassment charges," the bench presided by C K Chaturvedi said.
The complaint against the computer manufacturer was filed by Delhi resident Sandeep who had alleged that the notebook computer he had bought from an HCL's authorised dealer for a sum of Rs 27,890 on January 23, 2008 was defective and its defect could not be rectified despite several visits to the HCL's service centre.
The HCL in its reply had contended that the defect was in the software of the product and it was a hardware company and not a software repairing shop.
It had also argued that the software which had the defect was not manufactured by it.
The forum, however, rejected the contention saying under the warranty of the product sold by the HCL, both hardware and software defects of the product were covered and held it "guilty of selling a defective laptop".
