ORDER

(Passed On 13/07/2015)

Per Mr. S.B. Sawarkar, Hon’ble Member

1. The instant appeal is filed against the order of the District Forum, Nagpur, passed in CC No. 425/2005, dated 23/6/2006, dismissing the complaint without cost.  
2. The complainant aggrieved against the order filed the appeal, hence is referred as appellant. A notice was issued to original OP Nos. 1 to 4 now respondent Nos. 1 to 4 and the appellant filed affidavit of service of notice. Hence it was presumed that the notices are served and the appeal was proceeded exparte against the respondents.
3. The appellant submitted that he had filed a complaint that respondent Nos. 1 to 3 did not provide him the proper parts of the computer purchased by him as per invoice and did not give proper service thereafter. He was also provided a used printer. He purchased the computer with the loan from respondent No. 4. As the computer system was not functioning properly, he gave notice on 8/10/2005 and filed the complaint on 19/11/2005 with a prayer to provide him Rs. 99,000/- with interest at the rate of 18 percent from respondent Nos. 1 to 3 and cost.  
4. On notice, respondent Nos. 1, 2 and 4 appeared before the Forum and countered the complaint on the ground that the computer system was purchased for business and the appellant was sold the system on 11/11/2004  and he signed the invoice on 2/1/2005 but he filed the complaint after 10 months. Only after issue of invoice, the respondent Nos. 1 and 2 received the price amount from respondent No. 4. Hence the complaint is false and the allegations are motivated. The Forum considered the contentions of all the parties and dismissed the complaint against respondent Nos. 3 and 4 and after consideration of the material on record, passed the order as above.
5. As the appeal is exparte, I heard the appellant, perused the documents and written notes of arguments and closed the case for judgment.
6. I find that the appellant purchased the system in the month of November 2004 and must have received the invoice bill of it. However on record he has filed a duplicate invoice and has not filed the original invoice through which he received the computer system. The respondent Nos. 1 and 2 have denied the receipt of notice letter. The appellant has not provided any evidence to show that the notices were delivered. I also find that the appellant has taken a loan from respondent No. 4 against which he cannot have any grievance regarding the computer system. When the system was received, he would have certainly notice the absence of DVD writer, the capacity of the HDD Drive, the inverter, also the condition of the printer. He would not take 11 months to make a complaint that he did not receive any parts or the parts received by him were used. In this situation, I find that the complaint filed by the appellant loose grounds to believe upon it. I also find that the complainant after taking the loan should have checked all the parts of the system at the time of delivery. Such complaint of missing parts after 11 months of use cannot be accepted. I therefore find that the complaint itself does not appear to have any material.
7. I also find that the Forum has considered and evaluated the evidence in a proper manner and has passed the order as above which is correct and does not need to be set aside. Hence I confirm it and passed the order as below.

ORDER

1. The appeal is dismissed.
2. The impugned order of the Forum is confirmed.
3. Parties to bear their own cost.
4. Copy of the order be given to all the parties, free of cost.