DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.10 of 04-01-2011 Decided on 26-05-2011
Lakhwinder Singh, aged about 16 years, minor son of Sh.Jasvir Singh s/o Sh.Darshan Singh, resident of village Cheda, Distt. Moga, through his guardian Sh.Jasvir Singh s/o Sh.Darshan Singh, resident of village Cheda Distt. Moga, being real father of the minor. .......Complainant Versus
Intex Technologies (India) Limited, D-18/2, Okhla Industrial Area, Phase-II, New Delhi-110020, through its Managing Director. Kataria Computers, Bus Stand Bhagta Bhaika, Distt. Bathinda, through its owner/prop.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President. Sh.Amarjeet Paul, Member. Present:- For the Complainant: Sh.Sandeep Singh Jeeda, counsel for the complainant. For Opposite parties: Sh.Puneet Garg, counsel for opposite party No.2. Opposite party No.1 exparte.
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act') by Sh.Jasvir Singh father of the complainant as the complainant is a minor boy. The brief facts of the complaint are that the complainant approached the opposite party No.2 to purchase the Computer. The opposite party No.2 allured the complainant to purchase the assembled Computer and assured that if there is any defect in the Computer, then the same will be replaced with new one. On the assurance given by the opposite party No.2, the complainant purchased assembled U.P.S./computer with the peripherals and accessories, manufactured by the Intex Company from the opposite party No.2 for a sum of Rs.22,450/- vide bill No.287 dated 26.03.2010 and got installed the U.P.S./computer from the competent mechanic. After its purchase, the said U.P.S./Computer was not working properly. The complainant approached the opposite party No.2 who assured the complainant to get check it from the Engineer of the opposite party and received the warranty card from the complainant. The same was got checked by the opposite party No.2 and the said Computer started working. After some time, the said U.P.S./Computer again started giving problems and he again approached the opposite party No.2 to replace the said U.P.S./Computer with new one. The opposite party No.2 took the said U.P.S./Computer in their custody and asked the complainant to come after few days and the opposite party No.2 will arrange another U.P.S./Computer but to no effect. Thereafter, on asking of the opposite party No.2, the complainant approached the opposite party No.1 on phone No.1800-11-6789 but there was no response from the opposite party No.1. Hence, the complainant has filed the present complaint with prayer to seek directions to the opposite parties to replace the Computer with new one or to refund the price of the said Computer alongwith interest @ 24% p.a., cost and compensation. 2. The opposite party No.2 has filed its separate written statement and pleaded that the complainant got issued a legal notice upon the opposite party No.2. In the said notice, the complainant alleged that there is defect in the CPU of the Computer and the opposite party No.2 has provided 2 years warranty on the said Computer while in the present complaint, the complainant alleged that the defect in the UPS and alleging the warranty of 3 years. It shows that the complainant is contradictory in his version, both in the legal notice as well as in the complaint. The opposite party No.2 has denied that the opposite party No.2 is an authorized dealer of Intex Technologies (India) Limited Carrier rather he is selling all type of Computer parts of different companies. The opposite party No.2 never allured the complainant to purchase any computer of Intex Company. The opposite party No.2 has pleaded that the complainant with a pre-determined and as per his convenience and choice, got the Computer assembled from the opposite party No.2. All the accessories and peripherals other than UPS and Key Board were assembled and only UPS and Key Board are of Intex Company. The opposite party No.2 never provided the warranty of 3 years on the said Computer rather the warranty was provided on each and every part individually. As the Computer was got assembled by the complainant, as per the rules and regulations of the Company, the warranty is to be provided only by the Company. The opposite party No.2 has further pleaded that there is neither any defect in the UPS and Computer nor the complainant after purchasing the said UPS and Computer, approached the opposite party No.2 regarding any defect in the said UPS/Computer. The opposite party No.2 never assured the complainant to get the UPS/Computer check from the Engineer of the opposite party No.1 rather he approached the opposite party No.2 only once and complained about the defect in the CPU of the Computer. It got checked the CPU but there was no defect in it and the complainant was fully satisfied with the working of the CPU. It further denied that the complainant ever left the said UPS/Computer in the office of the opposite party No.2 rather the said UPS/Computer are in the custody of the complainant and there is no defect in the UPS/Computer. 3. The opposite party No.1 despite service of summon/notice has failed to appear before this Forum. Hence, exparte proceedings are taken against the opposite party No.1. 4. Parties have led their evidence in support of their respective pleadings. 5. Arguments heard. Record alongwith written submissions submitted by the parties perused. 6. The complainant had purchased a Computer on 26.03.2010 vide Invoice No.287 for Rs.22,450/- Ex.C-3. A list of Articles which has been given sold to the complainant is reproduced as under:- “ATX Cabnet AMD Dual Cure 2.7 GH2 A Gigabite 1.4B A Data Ram DDR-II 800 320 MB Hard Disk W.D. Samsung DVD Writer Intex 301 SB KB Hitechi 5600w cable Intex O.Ps Esan Anti virus” The Computer was assembled one and the warranty card was issued by Intex Technologies, different warranty was given on different assembled parts. The said UPS/Computer has not been working properly since its purchase. The complainant approached the opposite party No.2 who assured the complainant to get it checked from the Engineer of the opposite party No.1 and received the warranty card from the complainant. After checking by the opposite party No.2, it started working but after some time, the said U.P.S./Computer again started giving problems. He requested the opposite party No.2 to replace the said U.P.S./ Computer with new one. The opposite party No.2 took the said U.P.S./ Computer in its custody and asked the complainant to come after few days so that the opposite party No.2 will arrange another U.P.S./Computer but later on, the opposite party No.2 refused to replace the said U.P.S./Computer with new one. On asking of the opposite party No.2, the complainant approached the opposite party No.1 on phone No.1800-11-6789 but there was no response from the opposite party No.1. The opposite parties have failed to remove the defect in the Computer. The opposite party No.2 is not an authorized dealer rather he sells the Computers of different companies in assembled form. He is not associated with any one Company. The complainant sent a legal notice to the opposite parties, a perusal of legal notice dated 16.11.2010 Ex.R-2 shows in para No.3 of the legal notice that the complainant had problems with regard to CPU and has mentioned that the CPU is of sub standard and of poor quality and the opposite party No.2 has provided 2 years warranty on the said Computer whereas in the main complaint, he has mentioned that he has a problem with regard to UPS/Computer and the warranty has been given for 3 years. As the opposite party No.2 is not an authorized dealer of Intex Technologies (India) Limited Carrier so he never proclaimed himself to be authorized dealer of Intex Technologies. He is selling all type of Computer parts of different companies. The complainant has purchased the Computer with pre-determined and as per his convenience and got the Computer assembled from the opposite party No.2. All the accessories and peripherals other than UPS and Key Board are assembled and only UPS and Key Board are of Intex Company. The opposite party No.2 never provided the warranty of 3 years on the said Computer rather the warranty was provided on each and every part of the Computer which was got assessed by the complainant as per the rules and regulations of the Company and the warranty was provided by the Company only. The complainant is not clear in himself that what sought of problem, his Computer is suffering from as the complainant is contradictory in his version on two occasions. 7. In such circumstances, it will not justifiable to order for refund or replacement as the Computer is assembled one and different parts carry different period of warranty, only repair order can be given. No manufacturing defect has proved as no expert evidence has been produced by the complainant to support his version. 8. Therefore, in view of what has been discussed above, this complaint is partly accepted with Rs.1,000/- as cost and compensation against the opposite party No.2 and dismissed qua the opposite party No.1. The opposite party No.2 is directed to repair the said Computer in question to the entire satisfaction of the complainant and get his signatures on the job sheet for his full satisfaction. Compliance of this order be done within 30 days from the date of receipt of copy of this order. 9. A copy of this order be sent to the parties concerned free of cost and file be consigned. '
Pronounced 26.05.2011 (Vikramjit Kaur Soni) President
(Amarjeet Paul) Member
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