BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.65/14.

Date of instt.: 25.03.2014. 

                                                 Date of Decision: 18.05.2015.

Harish Kumar Wadhwa s/o Sh. Gurdayal Chand r/o Village Ramthali, Tehsil Guhla, Distt. Kaithal.

                                                        ……….Complainant.      

                                        Versus

1. HCL Info Systems Ltd. D-233, Sector-63, Noida-201301 (U.P.) through its M.D./G.M.

2. Dev Computer Peripheral, Gali No.5, Rishi Nagar, behind Jat School, Kaithal through its prop./partner.

..……..Opposite Parties.

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

Before:           Sh. Rajbir Singh, Presiding Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Subhash Chugh, Advocate for complainant.

Sh. Amit Chaudhary, Advocate for the opposite party.No.1.

Sh. Sanjeev Garg, Adv. for Op No.2.

                       ORDER

(RAJBIR SINGH, PRESIDING MEMBER).

                       The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that on 14.12.2013, he purchased a computer Model HCL PROD. DESC INFINITY-LA380 M/C, S/No.9133AA 727069, Prod. Code AA 2V1363N including 18.5 inches LED screen having S/No.B-24132503017 for a sum of Rs.24,000/- from Op No.2 vide invoice No.3510 dt. 14.12.2013 against the guarantee of three years.  It is alleged that on 31.12.2013, some incurable and inherent defects were arisen in the above-said computer as the above-said computer started to be hanged, auto turn off, low processing speed, failure of storage of data in the above-said computer and could not be turned on again which caused due to some manufacturing defect.  It is further alleged that the complainant lodged the complaint No.8503773448 on 31.12.2013 with the Op No.2 and mechanic/engineer visited at the house of complainant after so many requests and removed the defects from the above-said computer.  It is further alleged that again on 06.02.2014, some incurable and inherent defects arises which were earlier arisen in the above-said computer.  It is further alleged that the complainant approached the Ops several times for repair/replacement of said computer but the Ops did not do so.  This way, the Ops are deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite parties appeared before this forum and filed written statement separately.  Op No.1 filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; that the complainant has not approached this Forum with clean hands and has suppressed the true and material facts from this Forum.  There is no deficiency in service on the part of answering Op.  On merits, it is admitted to the extent that the computer manufactured by the answering Op is of the best quality and is of latest technology and has high processing speed than other computers and no problem/defect has ever been occurred in any computer of answering Op till now.  The other contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     Op No.2 filed the written statement on the same line as of Op No.1 and so, prayed for dismissal of complaint. 

4.     In support of their case, both the parties submitted their affidavits and documents.  

5.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely.

6.     We have perused the complaint & replies thereto and also have gone through the evidence led by the parties.

7.     Keeping in view the facts and circumstances of the case, we found that the complainant purchased a computer Model HCL PROD. DESC INFINITY-LA380 M/C, S/No.9133AA 727069, Prod. Code AA 2V1363N including 18.5 inches LED screen having S/No.B-24132503017 for a sum of Rs.24,000/- from Op No.2 vide invoice No.3510 dt. 14.12.2013 against the guarantee of three years.  On 31.12.2013, some incurable and inherent defects were arisen in the above-said computer as the above-said computer started to be hanged, auto turn off, low processing speed, failure of storage of data in the above-said computer and could not be turned on again which caused due to some manufacturing defect.  The complainant lodged the complaint No.8503773448 on 31.12.2013 with the Ops  and mechanic/engineer visited at the house of complainant after so many requests but did not rectify the defects from the said computer.  The complainant has also tendered in evidence affidavit (Ex.CW1/A), copy of bill (Ex.C1) and copy of warranty card (Ex.C2).  So, we find that the said computer was having manufacturing defect from the very beginning.  Hence, we are of the considered view that the Op No.1 is deficient while rendering services to the complainant.

8.     Thus, in view of above discussion, we allow the complaint qua Op No.1 and direct the Op No.1 to replace the defective computer with new of the same model as purchased by the complainant vide invoice No.3510 dt. 14.12.2013 and further to pay Rs.2,000/- as lump sum compensation on account of harassment, mental agony and cost of litigation charges.  However, it is made clear that if the said computer as purchased by the complainant is not available with the Op No.1, then to refund Rs.24,000/- the cost of computer to the complainant.  Let the order be complied within 30 days, failing which, the complainant shall be entitled interest @ 8% p.a. on the cost of computer.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.18.05.2015.

                        (Harisha Mehta),                 (Rajbir Singh),   

                             Member.                              Presiding Member.