Delhi

North East

CC/53/2016

Ms. Divya - Complainant(s)

Versus

Computer Information Systems - Opp.Party(s)

24 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 53/16

 

In the matter of:

 

		Ms. Divya D/o Shri Ajay Bharti R/o H.No. D-1-494, Gali No. 2 3RD Floor, Ashok Nagar, Delhi-93.		Complainant
		Versus
		Computer information systems C-552, Dhurav Pad Marg, Babarpur Shahdara, Delhi-110032.		Opposite Party
			DATE OF INSTITUTION:		10.02.2016
			JUDGEMENT RESERVED ON :		16.10.2017
			DATE OF DECISION      :		24.10.2017

 

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

Order by Ms.Harpreet Kaur Charya, Member:-

 

ORDER

1. Jurisdiction of this forum has been invoked by Shri Ajay Bharti the complainant against Computer Information Systems – OP with the allegation of deficiency in services and unfair trade practice.
2.  Briefly stated the facts of the present complaint are that on 21.12.2014 the complainant purchased a computer from OP for a sum of Rs. 18,200/- with two years warranty. It is stated that from the very beginning the computer was defective and after some days it stopped working. OP was immediately informed by the complainant regarding the problem in the computer, where the complainant was assured that the same would be attended                         within 24 hours. The executive of OP visited the complainant’s home after two days but the same problems continued to exist. Despite several messages the computer was not repaired and even after lapse of four months OP failed to redress the complaint. Hence, the present complaint with allegation of deficiency in services and unfair trade practice, against OP and seeking directions for refund of cost of computer i.e. Rs. 18,200/-, compensation for harassment as Rs. 1,00,000/- and cost of litigation as Rs. 13,000/-.

The complainant has annexed the invoice issued by OP dated 21.12.2014, screen shots of the SMS exchanged between are complainant and OP.

3. Notice of the present complaint was served upon OP who failed to appear despite service hence, was proceeded Ex-parte.   
4. The complainant in her ex-parte evidence deposed the contents of the complaint and has relied on the documents annexed with the complaint.
5. We have heard the AR for the complainant on behalf of the complainant and have perused the material placed on record. The complainant has annexed invoice dated 21.12.2014 wherein the description of goods has been given and on serial No. 9 the monitor is under “one year on site and two year off site” warranty. Further, the screen shots annexed with the complaint are dated 01.11.2015 and on subsequent dates wherein the complainant has requested the OP to get the computer repaired. It is evident from the conversation that OP has failed to repair the computer despite several requests. Thus, this not only amounts to deficiency in service but also to unfair trade practice. Hence, we direct OP to repair the computer free of cost            within 15 days from the date of receipt of this order. We also award amount of Rs. 5,000/- as compensation for mental agony and harassment inclusive of litigation expenses.
6. Let a copy of this order be sent to each party, free of cost, as per regulation 21 of the Consumer Protection Regulations, 2005.
7. File be consigned to record room.

(Announced on  24.10.2017)         

 

(N.K. Sharma) President

(Harpreet Kaur Charya) Member