DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 232 of 15-5-2012
Decided on 23-07-2012
Jaswinder Singh son of Buta Singh aged about 39 years, House No.16401/9, Street No.1/8, Baba Farid Nagar, Bathinda.
........Complainant
Versus
M/s Hi Tech Computer, St. No.22 A+B, Ajit Road, Near Ghore Wala Chowk, Bathinda through its Proprietor/Partner/Manager.
.......Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh. Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh. Amandeep Singh counsel for complainant.
For Opposite party: Opposite party already ex-parte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an ’Act’). The brief facts of the complaint are that on the allurement and assurance of the opposite party, the complainant had purchased one computer 145 AMD + Gigbyte, Cabinet, ATX, 500 GB HDD, 2 GB Ram, DVD Writer, LED 15.5.” Acer, F & D SPH 2.1, 3500 Watt, Key Board Mouse, UPS 600 VA from the opposite party for a sum of Rs.16,200/- vide retail invoice No.706 dated 15.5.2011. The opposite party gave two years guarantee/warranty to the said computer and assured the complainant that in case, any defect occurs in the said computer. The opposite party will remove the defect and in case the same would not be removed it will be replaced with new one. After the purchase of the abovesaid computer, it started giving problems as and when it is started, it automatically Shut Down within 15-20 minutes and again it takes much time to start. The complainant approached the opposite party on 16.6.2011, complaining about the said problem. The opposite party retained the said computer and asked the complainant to visit the opposite party after one week. The said computer was returned to the complainant with the assurance that the defect has been removed and there will be no problem in it in future. In the month of Jan,2012, the same problem occurred again, the complainant complained about the same to the opposite party, the said computer was kept by the opposite party for 10-15 days for repair. The opposite party returned it back after repair with assurance that the defect has been removed and it’s working is proper. But despite repairs the defect has not been rectified and the same problem occurred regularly. The complainant requested to rectify the problem properly or to replace the said computer with new one or to refund the price of the said computer i.e. Rs.16,200/- alongwith interest. The complainant has also sent legal notice dated 27.4.2012 through registered post. But no heed was paid to the requests of the complainant. Hence, the complainant has filed this complaint for seeking the direction of this Forum to the opposite party either to remove the defect or to replace the same with new one or to refund the price of the said computer alongwith interest, cost and compensation.
2. Notice was issued to the opposite party. Despite receiving the same, the opposite party has failed to appear before this Forum. Hence, ex-parte proceedings are taken against the opposite party.
3. The complainant led his evidence to support his pleadings. He has placed on file Ex.C1 his own affidavit dt.15.5.2012, Ex.C2 photocopy of retail invoice dt.15.5.2011, Ex.C3 photocopy of legal notice dt.27.4.2012, Ex.C4 photocopy of postal receipt dt.27.4.2012, Ex.C5 his own affidavit dt.23.7.2012 and Ex.C6 report.
4. Arguments led by the learned counsel for the complainant heard. Record alongwith written submissions submitted by the counsel for the complainant perused.
5. The above mentioned computer was purchased by the complainant on 15.5.2011 since its purchase it started giving problems. There were problems relating to start as it automatically shut down within 15-20 minutes of its start and it takes much time to start again. He approached the opposite party on 16.6.2011. After keeping the said computer with it, the opposite party returned it with the assurance that the defect has been removed and there will be no problem in future. Again in the month of Jan,2012, the same problem occurred again. The complainant again approached the opposite party. The opposite party kept the said computer with it for rectifying it. The complainant collected the same after 10-15 days. This time again the opposite party returned the computer with the assurance that defect has been removed and it’s working is proper. But when he tried to start his computer, he again found that the defect has not been rectified and the same problem persists. He requested the opposite party to rectify the said problem properly or to replace the computer with new one or refund the amount of the said computer. He also sent legal notice dated 27.4.2012 to the opposite party.
6. A perusal of the record placed on file shows that he had purchased the above mentioned computer on 15.5.2011 which includes one computer 145 AMD + Gigbyte, Cabinet, ATX, 500 GB HDD, 2 GB Ram, DVD Writer, LED 15.5.” Acer, F & D SPH 2.1, 3500 Watt, Key Board Mouse, UPS 600 VA from the opposite party for a sum of Rs.16,200/- vide retail invoice No.706 dated 15.5.2011.
7. The opposite party pleaded ex-parte which shows its act and conduct that it is trying to shed its liability and has intentionally not appeared before this Forum meaning thereby admitting the defect/fault in the said computer. The complainant has placed on file Ex.C6 issued by Jaskaran Singh. In this document it has been written that Giga byte mother board, 145 AMD Processor, HD drive, Ram 2 GB, Cabinet with supply and DVD RW all are checked by him and all the parts are defective. Although, Ex.C6 is not supported by the affidavit of Jaskaran Singh yet, a perusal of complaint and the complainant’s affidavit shows that he has suffered various problems in the said computer time and again and sent his computer for repair but the problem remained the same. As there is no service job card on the file, no direction can be given regarding the replacement or refund of the amount of the said computer. The complainant is only entitled for the repair of the said computer free of cost. Thus, it would meets the ends of justice if this complaint is allowed with some compensation.
8. Therefore, in view of what has been discussed above, there is deficiency in service on the part of the opposite party as it has not rectified the said computer to the entire satisfaction of the complainant. Thus, this complaint is accepted with Rs.2000/- as cost and compensation and opposite party is directed to rectify the defect free of cost in the said computer and hand over the said computer after rectification to the complainant to his entire satisfaction and after taking his signatures on the satisfaction note. The compliance of this order be done within 30 days from the receipt of the copy of this order.
9. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
23-07-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur) Member
