Date of Filing:15.11.2007<br /> Date of Order: 30.05.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF MAY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 2273 OF 2007 <br /> <br /> Shishir Kumar Singh,<br /> C/o Kallappa H. Sanadi,<br /> No.6, II Floor, 7th Cross,<br /> Vignan Nagar,<br /> Kaggadasapura Main Road,<br /> New Thippasandra Post,<br /> Bangalore-560 075. Complainant<br /> <br /> V/S<br /> Microsoft Infotech Pvt. Ltd.,<br /> No.4/2, Welcome Plaza,<br /> P.R. Lane, III Cross,<br /> S.P. Road, <br /> Bangalore-560 002. Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant claiming Rs. 14,100/- paid for the mother board and processor and also has prayed grant of Rs.80,000/- for mental torture and harassment.<br /> The facts of the case are that, the complainant has purchased Intel Pentium-4 Processor 3.0GHZ with HT Technology and an Intel 865GBF Motherboard from Microport Infotech Pvt. Ltd., on 22/11/2004 bearing the Invoice No.9119/A for Rs.5050/- with three year warranty. After few months it started giving problem, the complainant approached the dealer Microsoft Infotech Pvt. Ltd., for solution. The dealer told him that there is some problem with the motherboard and he will be required to leave his computer at the dealer for few days as the motherboard needs to be replaced. It took the dealer about more than one month to replace the motherboard. Again after 2-3 months it started giving problem. Then again he approached the dealer. He was required to leave the motherboard and processor at the dealer for replacement. The complainant requested the dealer to give a standby motherboard and processor. On which the dealer gave him a standby motherboard and processor which worked perfectly fine till he got the replacement. After 2-3 months again it started giving the same problem. The complainant approached the opposite party and he required to leave the motherboard and the processor at the dealer for replacement. After six months he got the replacement but that time he faced problem from the very first day. At that time on approaching the dealer, the dealer backed off and asked him to approach the helpline of Intel Corporation and gave him their contact number. When the complainant approached Intel for solution in December-2006, he was told that he will again get a replacement at his residential address and gave him the reference No.7143202for the complaint. The complainant waited for the replacement to arrive at his residence, but it never happened. The complainant again approached Intel in April-2007, the complainant told that he was required to leave the motherboard at the dealer for replacement and now the replacement is not possible as the company has stopped manufacturing the model he purchased as there were some technical defects in the model and he was offered 75 dollars for the motherboard which was much less than the amount he paid for it. The complainant requested the Intel helpline to either upgrade his motherboard and processor and will pay the difference amount or give him refund as he was facing problem when both were put together on his computer. But the complainant told that he cannot get an up gradation and will only get refund for the motherboard and processor. In the mean time the dealer gave him the contact number of Mr. Goutam who used to handle the problems related to replacement on behalf of Intel. Mr. Goutam told the complainant that he will try to solve the problem. The complainant contacted Intel helpline in the first week of November-2007, they told him that the warranty has expired for the motherboard and offered 78 dollars for the motherboard. Hence, the complaint. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance and filed defence version stating that, the complainant has purchased Intel Pentium-4 Processor on 22/11/2004 through Invoice No.9119A is true and correct and the opposite party is only a dealer. If any defect in the computer, the same is to be rectified by the manufacturer of the computer. The manufacturer has to be made a party in the complaint, but the same is not done. There is no manufacturing defect with the computer. Once the defect is brought to the notice of the opposite party, the same has informed to the complainant and requested the complainant to approach the manufacturer of the computer, but the complainant requested the opposite party to replace and set right the defects. In the meanwhile, the opposite party has given an alternative computer to the complainant. The opposite party only on humanitarian ground and to maintain good relationship with the customer and as a measure of gesture, has given the standby computer and it is also admitted by the complainant. If at all there is any defect in the computer, it is only on account of not handling the computer, there is no manufacturing defect in the computer. If there is any defect in the said computer, the purchaser should contact the authorized manufacturer and not the dealer. The opposite party has given the name of Mr. Goutam who is the authorized Intel Service Person and the complainant contacted him and the said Goutam has removed the defect which is alleged to be in the computer and the same is admitted by the complainant. It is no where mentioned that the warrantee for the motherboard is three years. There is no iota of truth in the complaint filed by the complainant. Once the computer sold to the purchaser, the function of the dealer is over and the purchaser has to contact the manufacturer only directly. In view of all these reasons stated above, the opposite party prayed to dismiss the complaint.<br /> 3. Affidavit evidence of both the parties filed. Arguments are heard.<br /> 4. The points for consideration are:-<br /> 1. Whether there was a deficiency in service on the <br /> part of opposite party? <br /> 2. Whether the complainant is entitled for refund of Rs. 14,100/- to the complainant?<br /> <br /> <br /> REASONS<br /> 5. I have gone through the affidavit of both the parties, the invoice cum delivery challan. The complainant had purchased computer from the opposite party. The computer was assembled one. The opposite party has charged Rs.9050/- for the CPU and Rs.5050/- to the motherboard and other different parts of the computer have been charged separately. The grievance of the complainant is that, the CPU and Motherboard not working properly and he was facing problem. He approached the opposite party for the solution and the dealer told that there is some problem with Motherboard and he left the Motherboard with the opposite party and after one month the Motherboard was replaced by the opposite party. Again after 2-3 months the complainant faced some problem with his computer and he approached the opposite party and he left motherboard and processor with the opposite party for repairs. On his request the dealer gave standby motherboard and processor. After three months the motherboard and CPU was replaced. Again after 2-3 months the replaced motherboard and processor started giving trouble and not working properly and again he approached the opposite party and left the parts for repairs by receiving standby motherboard and processor. After six months he could not get the replacement. It is the case of the complainant that, the opposite party told that replacement was not possible since the company has stopped the model purchased by him since there was some technical problem in the model. The complainant has stated in his complaint that he was offered 75 dollars as compensation by the opposite party, but he did not accept the same. The complainant has requested the opposite party to refund the amount of motherboard and processor as he was facing problem and he was told that he will get the refund for the motherboard and not for the processor. Ultimately, the complainant approached this Forum for getting justice. He has requested for refund of Rs.14.100/- which he had paid for the motherboard and processor. The fact that the complainant had purchased computer from the opposite party is admitted. It is also admitted that, there was some problem with the motherboard and processor and there was replacement and repairs. It is also admitted that standby motherboard and processor was given to complainant. It is the defence of the opposite party that once the computer is sold to the purchaser the function of the dealer is over and the purchaser has to approach the manufacturer. The opposite party cannot escape its liability or obligation to supply the article which should be defect free. The opposite party in this case having repaired the motherboard and processor for 2-3 times and it has also given standby motherboard and processor for 2-3 times and now the opposite party cannot take defence that the responsibility is of the manufacturer. Since the complainant has purchased assembled computer from the opposite party, it is the duty and obligation of the opposite party to supply the goods which are free from defect. Therefore, the complainant in this case is definitely entitled for the refund of Rs.14,100/- from the opposite party. The complainant has to surrender motherboard and CPU to the opposite party if the same are not already left with the opposite party. The complainant has claimed Rs.80,000/- as damage for mental torture and harassment. For this there is no sufficient evidence or material or any proof that the complainant has suffered loss of Rs.80,000/-. This is not a case to grant compensation for mental agony and harassment. The ends of justice will be met in ordering only the refund of Rs.14,100/- to the complainant. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is partly allowed. The opposite party is directed to refund Rs.14,100/- to the complainant within 30 days from the date of this order, failing which the said amount carries interest at 10% p.a from the date of this order till realization. <br /> <br /> 7. The copy of this Order as per the statutory requirements be forwarded to the parties free of charge.<br /> <br /> 8. Pronounced in the Open Forum on this 30TH DAY OF MAY 2008.<br /> Order accordingly <br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER <br /> <br /> <br />