In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 39/2010 .
1) Sri Alok Mukherjee,
4H, Shanagar Road, Kolkata-700026. ---------- Complainant
---Versus---
1) CJ INFOSYSTEMS,
41A, Gariahat Road, Kolkata-700019.
2) Hewlett Pakard India sales Limited, Corporate Office,
24, Salapuria Arena, Adugodi, Hosur Road, Bangalore-560030.
3) Hewlett Pakard India sales Limited,
Vikas Building, No.1, Dr. U.N. Brahmachari Street, Kolkata-700016.
4) Sigma Infotech Pvt. Ltd.
Head Office-Suit 419, Kamalaya Centre (4th Floor),
156A, Lenin Sarani, Kolkata-700013. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 24 Dated 31/08/2012.
The petition of complaint has been filed by complainant Alok Mukherjee against the o.ps. CJ INFOSYSTEMs and others. The case of the complainant in short is that complainant purchased a computer with its integral components manufactured by o.p. nos.2 and 3 from o.p. no.1 and computer was installed on 9.6.07. The cost of computer was Rs.36,400/- and the computer started non functioning within the warranty period and complainant lodged complaint with o.ps. but they did not pay heed to that nor mend the defects. Hence the case has been filed by complainant with the prayer contained in the prayer portion of the petition of complaint.
O.p. nos.2 and 3 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.p. nos.1 and 4 did not turn up in this case and matter was heard ex parte as against o.p. nos.1 and 4 accordingly.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and it is admitted that complainant purchased a computer with integral parts and computer became defunct within the warranty period and despite thorough persuasion by complainant, o.ps. took several steps to remove the defect and finally could not get the computer functioning and we find gross deficiency on the part of o.ps. being serviced provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. nos.2 and 3 with cost and ex parte against o.p. nos.1 and 4 with cost. All o.ps. are jointly and/or severally directed to refund a sum of Rs.25,000/- (Rupees twenty five thousand) only after standard deduction for use of more or less three years and are further directed to pay to complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
