JUDGEMENT

          Complainant by filing this complaint has submitted that he purchased one computer at a cost of Rs.32,000/- from Eastern Logica Infoway Ltd., 16, Ganesh Chandra Avenue, P.S.-Hare Street, Kolkata – 700013 and after placing in his house he saw that Hard Disk is completely defective.  So, on 11.04.2012 he went to the shop of the seller along with hard disk and requested the owner of the shop and manager to change the said hard disk but they refused and they asked him to go to the Service Centre and accordingly he went to the service centre on 11.04.2012 and after lapse of one month and three days on 14.05.2012 said hard disk was handed over to him and when the hard disk was fixed with the computer then it was found that Mother Board was defective.

          So, on 27.06.2012 again complainant went to the shop along with Mother Board and asked the shop owner to change the same but he asked the complainant to go to service centre.  But service centre’s distance is about 10 kms from his house.  Thereafter the owner-cum-manager of the shop abused the complainant and drove him away from the shop.  No doubt the complainant has alleged that he is aged about 55 years and an employee of Central Government and considering the mis-behaviour, mis-conduct and un-merchantable attitude of the said seller, complainant ultimately went to the said service centre and deposited the Mother Board on 03.07.2012.

          Thereafter that Mother Board was sent to him by Courier and it was fixed with computer and then it was found that this computer is not functioning and Mother Board was also not functioning and further an engineer of the service centre placed some other parts to remove defect but computer did not work and in the above circumstances being harassed by the seller, complainant has filed this complaint for relief.

          On the other hand op by filing written statement submitted that the op seller of the goods is not the manufacturer of the branded electronic goods as such they have no liability but goods were only sold.  Complainant never approached to the op with such complaint against the defective material in question sold and the present complaint is not tenable and op seller is not liable to pay compensation and for which same should be dismissed.

                                                        Decision with reasons

          After considering the arguments of the complainant himself and also the written version as filed by the Eastern Logica Infoway Ltd, it is found that complainant purchased goods of a computer and that was fixed by the Eastern Logica Infoway Ltd. and practically complainant paid the entire amount of Rs.32,000/- and truth is that complainant at the time of purchasing the computer did not get any warranty card in respect of the Mother Board or other items.  In the sale receipts there is no whisper that from whom service shall be provided in case of any defect.  But op has admitted that he sold the same.  But their claim is that after purchase from Eastern Logica Infoway Ltd. Hard Disk was changed from the service centre of branded company in question and for dysfunction of Mother Board, op seller changed the same.  But even after about that dysfunction of the said computer in question, the engineer reported that the several parts were sold so it was not manufactured computer.  So, op Eastern Logica Infoway Ltd. is not liable.  But considering the sale receipts, it is found that complainant went to purchase the computer.  Op sold it by showing separate rate of different items of the computer and he prepared that computer and handed over it.  Thereafter several defects were found in the Mother Board and in the Hard Disk and even after change of Hard Disk and Mother Board same did not function for which computer is not functioning till now.

          So, now question is whether there was any warranty.  Fact remains in the receipt there is no whisper whether there is any warranty or not.  But in respect of all the Mother Board and Hard Disk there must be some warranty.  If no warranty is given even there is warranty and in view of the fact such sort of item was not sold without warranty.  But truth is that op Eastern Logica Infoway Ltd. sold the same and no doubt they sold some damaged articles to the customer on 24.01.2012 and just after purchase of the said computer from the op Eastern Logica Infoway Ltd., the computer was found not functioning and Hard Disk including Mother Board was found defective and that was changed at the instance of the op through service centre but the life of computer was not restored.

          But even then it is found that same were not functioning and the engineer of the service centre already reported that there were some defects which cannot be cured without exchange.  So, considering that fact, it is found that op Eastern Logica Infoway Ltd. purposely sold away the computer probably after assimilation what the complainant failed to realize and such an act on the part of the op is no doubt unfair trade practice and at the same time it can safely be said that the shop owner intentionally did not sell qualitative articles as per requirement of the purchaser and shop owner is well aware of the fact what will be the fate of the computer as sold by him to the customer and in this case from the very function of the computer, it is clear that op sold some damage articles after getting Rs.32,000/- and nowadays a computer at a cost of Rs.32,000/- can easily be purchased with branded quality.  But in this case op sold it which is undisputed.  He did not give any warranty card in respect of the articles against Mother Board and Hard Disk etc and the seller did not take any initiative for restoration of the life of the computer.

          Truth is that within 3 months from the date of purchase of the said computer on 24.01.2012, the mal-function of the computer is detected and till now it is not serviceable and so it is palpably proved that op dishonestly sold the same mis-branded articles having its no capacity to run a computer and in this case practically op has tried to take such a plea that it was not branded computer.  So, there is no warranty and op seller has no liability to do anything.

          Then question is for what reasons the op sold away such mis-branded article without warranty knowing fully well that such a computer will not function properly that means with full knowledge, op has sold such sort of computer to the customer only to deceive them and for that purpose they have noted item of the computer in the receipt at the time of purchasing the computer in the receipt and received Rs.32,000/-.

          Then it is the duty of the op to give service at least for one year but that has not been given and op has tried to discharge their liability by stating that it is not branded computer.  Then it is clear that op has adopted unfair trade practice and his business tactics is un-merchantable and only to deceive the customer they are adopting such procedure of selling computer and for which we have gathered that an aged person about 55 years old, an employee of Central Government has been deceived by the op and cheated by the op and practically by adopting unfair trade practice, the op sold away the defective computer to the complainant against receipt of Rs.32,000/-.

          No doubt it is unfair trade practice and for which complainant has been suffered much.  In this regard we have gathered that computer was purchased on 24.01.2012 on payment of Rs. 32,000/- but defect was found on and from 11.04.2012.  Thereafter on 26.06.2012 that means within 6 months all defects were found, that means some mis-branded damaged articles were included and sold to the complainant and for which complainant has been harassed much and he has suffered financial loss and he has failed to use the computer for his son’s education purpose and for the above findings we are inclined to hold that complainant is entitled to get back the entire amount of Rs. 32,000/-, the price of the computer from the op Eastern Logica Infoway Ltd. and also for sustaining loss and damage and also for sustaining harassement, mental pain and agony, op shall have to pay a compensation of Rs.10,000/- to the complainant and further for not giving proper service, complainant is compelled to file this case and he has been loitering to the Forum since 17.07.2012 for which he is entitled to a sum of Rs. 10,000/- as litigation cost.

          Accordingly, the complaint succeeds.

          Hence, it is

                                                           ORDERED

          That the complaint be and the same is allowed on contest with a cost of Rs.10,000/- against the op Eastern Logica Infoway Ltd.

          Op is hereby directed to refund the sale price of Rs.32,000/- and also compensation of Rs.10,000/- for causing harassment and for not rendering proper service and for rendering negligent and deficient manner of service and also for adopting unfair trade practice.

Accordingly op is directed to pay a total sum of Rs.52,000/- to the complainant within 15 days from the date of this order.  For adopting unfair trade practice by the op, op is directed to pay a sum of Rs.10,000/- for adopting unfair trade practice to this Forum as punitive damages and the punitive damages is imposed only for protecting the interest of the customer and to check the unfair trade practice as adopted by the op.

          Op is directed to comply the order very strictly within 15 days from the date of this order failing which for non-compliance of the order and till full satisfaction of the decree, op shall have to pay penalty of Rs.100/- per day as penal interest till full satisfaction of the decree and even after that it is found that op is reluctant to comply the order, in that case necessary legal proceedings u/s 27 of C.P. Act shall be started for which he shall be responsible for that act.