Non-bailable warrant against HCL over ‘faulty tablet’, firm to comply with order

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The Consumer Disputes Redressal Forum in the capital has issued non-bailable warrant for the “CEO and president of HCL” for failing to comply with its order to compensate a customer for a faulty tablet. The Forum had, in December 2016, ordered the company to compensate the complainant with the cost of the tablet along with interest.

A non-bailable warrant is issued to a person to bring him to court after attempts to make him appear under bailable warrants and summons prove futile.

In December, the Forum had issued an order asking HCL to pay the cost of the tablet, Rs 12,100, along with an interest of 9% per annum from the date of filing of the case. It had also directed the company to pay the complainant a sum of Rs 5,000 as compensation, and Rs 5,000 more as litigation expenses.

However, since there was no compliance to the order, the case was again heard in March. The Forum, subsequently, issued bailable warrants against HCL’s Executive Officer.

Eventually, in the order dated September 12, 2017, the Forum issued non-bailable warrant against the “director through SHO concerned” and set October 25 as the next date of hearing for compliance.

The case dates back to 2012, when the complainant, V R Chandran, an Indo-Tibetan Border Police officer, gave his tablet for repair just a few months after purchase. As per records, the complainant submitted in court that the tablet turned faulty within a few days of use and was submitted to HCL Service Centre for repair on July 17, 2012. It could not be repaired despite a number of visits. The complainant also submitted that he gave a written notice on August 16, 2012 and “even thereafter, no response” was received.

HCL stated in court that there was no deficiency in service on their part, and the defect in the tablet was caused due to “poor quality of software purchased from the outside”, court records show. HCL also submitted to the Forum that “moisture was also detected” in the tablet and there was negligence on part of the complainant.

After hearing arguments of both the sides, the Forum ordered for the company to compensate the complainant. “The complainant has placed on record the letter dated August 16, 2012, which is addressed to the Chief Executive of HCL, wherein it was brought to his notice that the tablet was deposited for repair on July 17, 2012. The letter was duly received by HCL on August 17, 2012 but no response was received. Till date the tablet has not been returned to the complainant. It is a case of deficiency of service.”

The tablet business comes under HCL Infosystems.

When contacted, a spokesperson of the company said, “HCL Infosystems was neither served with the copy of the final order of the Forum nor any summons have been received… HCL Infosystems conducts its business with the highest regard for the law of the land and as soon as it became aware of the order of the Forum, it was complied with. Our focus remains on customer service.”