DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. 428/2014
Date of Institution 05/05/2014
Order Reserved on 08/09/2016
Date of Order 09/09/2016
In matter of
Mr.Gulab Singh, adult
R/o-N-305, Road no. 3
Andrews Gang, New Delhi …….……………....………..…………….Complainant
Vs
1-M/s Technology Next Infocom
G-7, Pragati House, 47-48
Nehru Place, New Delhi-110019
2-M/s Automation Network,
Office- 110, V4 Tower,
Karkarduma Community Centre,
Delhi 110092
3-HCL Info systems Pvt Ltd.,
E-4,5,6, Sec. XI, Noida, UP……………………………………………………Opponents
Complainant-In-person
Opponent’s Advocate -Mr Narendra Chauhan,(GB Nagar, UP)
Quorum - Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Complainant purchased HCL Desktop, ACIV0039 vide serial no. A101AC331292 for a sum of Rs 21000/- on 21/12/2010 from OP1 invoice no TNI/3267/2010-11. OP1 had assured for full assistance in case of any problem occur from OP1.
Complainant had taken AMC from OP2 by paying Rs 4000/- from dated 17/12/2013. The said computer had some problem in the month of 23/01/2014 which was attended by OP2 executive and was told that the problem would be rectified in two days. As OP2 did not rectify the problem nor gave any satisfactory reply, filed this claim for deficiency of OP2 and claimed refund of computer amount sum of Rs 21,000/- with AMC amount. Complainant claimed a sum of Rs 50000/-compensation and Rs 5000/-as litigation charges.
After scrutiny of complaint, notices were served. OP 3 submitted memo of appearance for all OPs and submitted their written statement denying all the allegations of complainant. OP submitted that said computer was purchased from OP1 on 21/12/2010 for a sum of Rs 21,000/- including four parts as HCL Desktop , ADVIK HP, ADVIK Mouse and cleaning kit. The said computer worked properly beyond one year waranty. The said computer had one year standard warranty for all parts including manufacturing defects. The complainant used his computer without any problem for three years. It was admitted fact. Also, there was no complaint pending from complainant from 2010 to Jan 2014.
It was admitted that complainant had taken one year annual maintenance contract (AMC) from 17/12/1013 to 16/12/2014 for a sum of Rs 4000/-.
It was stated that AMC receipt showed that there was no warranty for physical damages and burnt parts.
Complainant filed its rejoinder and evidences on affidavit and OPs aloso submitted their evidences on affidavit. Arguments were heard and order was reserved.
We gone through all the facts and evidences on record submitted by parties. It was admitted fact that complainant used said computer without problem for about three years. AMC was taken from 17/12/2013 for one year.
As per job card dated 23/01/2014 call ID -8503746265 by OP 3, noted problem of “NO DISPLY” by OP3 engineer and assured complainant for timely rectification of problem by 19/02/2014. By going through this job card, OP took about 50 days for attending complaint. It was also written in job card that the product would be picked up by service engineer and Mother Board would be replaced. This clearly showed that OPs services were deficient as the said complaint was under AMC period and job card did not show physical damage.
OP had also submitted one citation from State Commission, Delhi as FA 08/1080 decided on 11/08/2010. We had gone through this citation. The facts was different then the facts of this complaint. Hence, its reference was not taken.
We allow this complaint and pass the following order-
We direct OP 2 to rectify the defects noted in job card and hand over computer in defect free condition with extended one year warranty from the date of handing
over computer to complainant within 30 days from the receiving of this order. Failing to comply the order, OP3 will refund the cost of computer a sum of Rs 21,000/- with 9% interest from the date of filing this complaint.
We also award a sum of Rs 5000/- as compensation for harassment caused to complainant due to the defective services by OP 2 with as sum of Rs 1500/- as litigation charge. If OP2 fails to comply the order, entire awarded amount will carry same interest till realized.
The copy of this order be sent to the parties as per rules and file be consigned to the record room.
Mrs -Harpreet Kaur- Member (Dr) P N Tiwari - Member
Shri Sukhdev Singh - President
