Complainant files hazira through his lawyer and also files W/N/A. OPs are absent without any step on repeated calls till 12.30 P.M. As per previous order, the matter is taken up for exparte hearing of the case. Heard the matter exparte. Complainant files documents by firisti.

The complainant has come up with the instant case against the OPs praying for direction upon them to replace the defective Dell Desktop Computer with a new one or to refund the value of said computer on the ground that the complainant purchased the said computer from the OP no. 1 on 26-02-2011 after payment of total cost of the computer i.e. Rs. 32,600/- vide Cash Memo no. 198/11-12 dt. 26-02-2011.  However, within warranty period the computer went out of order on several occasions and though the service engineer of OPs attended to the said problem, they could not repair the computer properly in spite of repeated complaints on the part of the complainant to the OPs.  Thereafter, the complainant tried to negotiate the matter with the OPs through amicable mediation by the Assistant Director, Consumer Affairs & Fair Business Practices, Purba Medinipur R.O. but in vain.  The complainant stated that the OPs intentionally neglected to render proper service to him causing harassment, mental pain and agony as also damage to the complainant.  Hence the instant case.

It is to be noted that although the OPs, upon receipt of notice, entered appearance by filing written version separately, subsequently they did not turn up for which the case is taken up for ex-parte hearing.

We have carefully gone through the original documents as per list filed today by the complainant viz Cash Memo, Repair Order Forms dt. 10-10-11, 24-10-11 and 24-11-11, complaint made to  Assistant Director, Consumer Affairs & Fair Business Practices, Purba Medinipur R.O. by the complainant on 27-03-2012, letter issued by the Asst. Director, CA&FBP, Purba Medinipur R.O. addressed to the OPs dt. 19-04-2012. 

Perused the instant complaint. Considered the submission of the ld. Advocate for the complainant.  On due consideration of the aforesaid documents, petition of complaint and having regard to the submission of the ld. Advocate for the complainant, we are of view that there is nothing to disbelieve the contention as made by the complainant in his petition of complaint.  Therefore, we find that there is deficiency in service on the part of the OPs in the matter of service rendered in respect of the computer in question. 

Hence, it is

ORDERED

that the instant complaint be and the same is allowed ex-parte against the OPs with litigation cost of Rs. 1,000/-.  The OPs are jointly and severally directed to replace the said defective computer set with a new one of similar configuration or refund the cost thereof to the complainant within 45 days from the date of communication of this order failing which, the complainant is at liberty to execute the order in accordance with law in which case, the OPs shall be jointly and severally liable to pay fine @ Rs. 100/- per diem to the complainant from the date of this order till compliance of this order in toto.

                                      Sd/-                                            Sd/-

                                      S.S. Ali                                      A.K. Bhattacharyya

                                      Member                                     President