Haryana

Kurukshetra

128/2018

Himanshu - Complainant(s)

Versus

Computer Store - Opp.Party(s)

S.R.Sharma

07 Dec 2018

ORDER

BEFORE THE  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

Complaint Case No.128 of 2018.

Date of instt.:07.06.2018.

                                                                      Date of Decision:07.12.2018.

Himanshu, aged 30 years, S/o Sh. Shyam Lal Sharma, resident of House No.7/3, B.B.M.B. Colony, Kurukshetra.

 

                                                                ……….Complainant.                               Versus

1. The Computer Store-HP World, Opposite Old Bus Stand, Ist Floor, Red Road, Kurukshetra through its authorized signatory, Phone No.94664-36511.
2. Sysnet Global Technologies Private Limited, SCO No.107, Ist Floor, Mugal Canal, Karnal-132001, through its authorized signatory.
3. H.P.India Corporate Office, 24 Salarpuria Arena Adugodi Hosur Road, Bengaluru, Bangalore-560017, Karnataka, India.  

 

..………OPs.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986. 

 

Before           Smt. Neelam Kashyap, President.

                    Ms. Neelam, Member.

                    Sh. Sunil Mohan Trikha, Member.

 

Present :        Sh. S.R.Sharma, Advocate for complainant.

                    OPs already exparte.

                                         

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Himanshu against The Computer and others, the opposite parties.

2.            Brief facts of the present complaint are that the complainant purchased a laptop HP 250 G5 (1ASS39PA@ACJ) bearing Sr.No.CND7190VCO for a sum of Rs.31,000/- from the Op No.1 vide invoice No.3348 dt. 30.06.2017.  It is alleged that he got insured the said laptop from the Op No.2 through Op No.1.  The said laptop of complainant slipped from the table and the same was broken.  It is further alleged that the complainant approached the Op No.2 for replacement/change of damaged part of laptop but the Op No.2 refused to do so.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the laptop with the new one or to pay the price of laptop alongwith interest @ 18% p.a. and further to pay Rs.50,000/- as compensation for harassment and mental agony or any other relief which this Forum may deems fit.   

3.             Upon notice, the Ops No.2 & 3 did not appear and opted to proceed against exparte vide order dt. 23.07.2018, whereas initially Op No.1 appeared but did not appear on 25.10.2018, so, the Op No.1 was also proceeded against exparte vide order dt. 25.10.2018.   

4.             The complainant tendered in evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C6 and thereafter, closed the evidence.     

5.             We have heard the learned counsel for complainant and perused the case file carefully and minutely.

6.             From the pleadings and evidence of the case, it is clear that the laptop purchased by the complainant from Op No.1 was got insured from Op No.2 through Op No.1.  The grievance of the complainant is that the said laptop was slipped and broken.  The complainant requested the Ops to replace the same with the new one but the Ops did not do so.  The complainant has supported his versions by affidavit, Ex.CW1/A so set out by him in the complaint.  The complainant has also corroborated his versions by the documents Ex.C1 to Ex.C6.  Whereas, on the other hand, there is no rebuttal on behalf of Ops as they were proceeded against exparte.  So, the evidence adduced by the complainant goes unrebutted and unchallenged.

7.             Thus, as a sequel of above discussion, we allow the complaint and direct the Ops to replace the old laptop with the new one of the same description as purchased by the complainant.  The complainant is also directed to deposit the old laptop alongwith accessories with the service-centre of Ops.  However, it is made clear that if the same laptop as purchased by the complainant is not available with the Ops, then the Ops will pay the cost of purchased laptop to the complainant.  All the Ops are jointly and severally liable.  Let the order be complied with within a period of 30 days from the date of communication of this order.  A copy of this order be sent to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open court:

Dt.:07.12.2018.     

                                                                (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.