Delhi

StateCommission

A/149/2019

M/S SEMISPARE - Complainant(s)

Versus

M/S COMPUTER INDIA - Opp.Party(s)

25 Mar 2019

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :25.03.2019

Date of Decision : 01.04.2019

First Appeal No.149/2019

 

In the matter of:

 

            M/s. Senispare,

            17/178, Subhash Nagar,

            New Delhi-110027.                                                                         ………Appellant

Versus

 

M/s. Computer,

104 Bhandari House 91,

Nehru Place,

New Delhi-110019.……..Respondent

 

 

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                      Yes/No

2.      To be referred to the reporter or not?                                                                                                           Yes/No

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

1. The complaint has come in appeal against order dated 12.12.18 passed by District Forum. In CC No.348/17 vide which the complaint was dismissed.
2. The case of the appellant was that he purchased one ASUS Blue Ray DVD Writer  for Rs.7,500/- and one ASUS DVD writer for Rs.850/- from OP. Component did not fit in his computer as per his requirement. Material was in sealed pack and unused. He requested OP to replace the components or refund Rs.7,500/- OP refuse to do so.
3. OP did not appear despite service. Case was proceeded exparte.
4. After going through the material on record, the District Forum found that contention of the appellant that material was sealed pack and unused demolished his plea that the parts did not fit in his computer. It implies that he must have tried fitting the equipment in his computer. It appeared that he must have used the equipment before finding that it did not fit his requirement.  Moreover no guarantee was given by OP to replace or refund, if there was defect in the product.
5. I have gone through that material on record and heard the arguments for the purpose of admission. I find himself in complete agreement with the view taken by the District Forum. There is no infirmity in the impugned order. The appeal fails and is dismissed.
6. Copy of the order be sent to both the parties free of cost.
7. One copy of the order sent to District Forum for information.
8. File be consigned to record room.

 

(O.P. GUPTA)                                                   

   MEMBER (JUDICIAL)