Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. : 109.

                                                          Instituted on     : 13.03.2014.

                                                          Decided on       : 04.08.2015.

Aman Lathar s/o Sh. Bhagat Singh R/o H.No.867/35, Janta Colony, Rohtak.

                                                          ………..Complainant.

                             Vs.

Computer Planet, Shop No.3, Improvement Trust Market, Near Appu Ghar Shopping Complex, Opp. ADC Office, Rohtak through its Prop./Authorize Signatory.

                                                     ……….Opposite party.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.JOGINDER KUMAR JAKHAR, PRESIDENT.

                   MS. KOMAL KHANNA, MEMBER.

Present:       Sh.A.S.Panwar, Advocate for the complainant.

                   Sh. Sanjeev Atri, Advocate for the opposite party.

                                      ORDER

SH. JOGINDER KUMAR JAKHAR, PRESIDENT :

1.                          The present complaint has been filed by the complainant with the averments that he had purchased a computer from the opposite party vide bill no.1592 dated 02.04.2013 amounting to Rs.29700/-. It is averred that opposite party convinced and insisted the complainant to take the assembled computer inspite of Branded computer and told that the assembled computer comes with best hardware with latest parts which no branded computer contains.  It is averred that from the very beginning the computer is not working well and faults are coming day by day. It is averred that the complainant contacted the opposite party for the fault of computer who sent the mechanic for rectifying the fault who told the complainant that the complainant had inferior motherboard and RAM in the computer due to which the computer was not working properly. It is averred that complainant contacted the opposite party many times to change the parts but despite giving assurance, nothing was done by the opposite party. It is averred that by installing the defective parts in the computer, opposite party has cheated the complainant and the act of opposite party amount to cheating and deficiency in service. As such it is prayed that the opposite party may kindly be directed to refund the amount of computer alongwith compensation and litigation expenses.

2.                          On notice opposite party appeared and filed its written reply submitting therein that complainant as per his own desire expressed had purchased the assembled computer. It is averred that it was told to the complainant that in the event of any defects therein, only the manufacturing company is liable for the same and there is no liability of the answering opposite party.  It is averred that as and when the complainant visited the opposite party he was attended properly and asked to approach the manufacturing company of the parts, if any defects has occurred in the assembled computer, but the complainant inspite of this has filed the present complaint.  All the other contents of the complaint were stated to be wrong and denied. Opposite party prayed for dismissal of the complaint with costs.

3.                          Both the parties led evidence in support of their case.

4.                          Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.CW1/B and has closed his evidence. On the other hand ld. Counsel for the opposite parties has tendered affidavit Ex.OP1 and has closed his evidence.

5.                          We have heard ld. Counsel for the parties and have gone through the material aspects of the case carefully.

6.                          In the present case it is not disputed that as per Invoice Ex.CW1/B dated 02.04.2013, complainant had purchased one assembled computer from the opposite party for a sum of Rs.29700/-. It is also not denied by the opposite party that the complainant approached the opposite party for the defects in the computer but the opposite party asked the complainant to approach the manufacturing company for the defects occurred in the assembled computer.

7.                          After going through the file and hearing the parties it is observed that as per the bill issued by the opposite party Ex.PW1/B, the opposite party has assembled the computer by joining the different parts in it. Hence the opposite party is liable to rectify the defect either by himself  or from the company.

8.                          In view of the facts and circumstances of the case opposite party is directed to remove the inherent defects of the computer in  question free of cost. Order shall be complied within one month from the date of decision. Complaint is disposed of accordingly. 

9.                          Copy of this order be supplied to both the parties free of costs.

10.                        File be consigned to the record room after due compliance.

Announced in open court:

04.08.2015.

                                                          ................................................

                                                          Joginder Kumar Jakhar, President

                                                          ..........................................

                                                          Komal Khanna, Member.