CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)x
New Delhi – 110 016
Case No. 348/2017
M/S SEMISPARE
NEERAJ KAKAR
17/178, 2ND FLOOR,
SUBHASH NAGAR,
NEW DELHI-110027
………. COMPLAINANT
Vs.
M/S COMPUTER INDIA
BHANDAR HOUSE 91, NEHRU PLACE,
NEW DELHI 110019
………….RESPONDENT
Date of Order: 12/12/2018
O R D E R
Ritu Garodia-Member
The complainant purchased one ASUS Blue Ray DVD Writer for Rs.7,500/- and one ASUS DVD writer for Rs.850/- from OP. It is alleged that the components would not fit in his computer as per his requirements. It is clarified that material is sealed pack and unused.
Thereafter, the complainant requested OP to replace the components or refund his money amounting to Rs.7,500/-. It was refused by OP. The complainant prays for refund and compensation. The complainant has filed retail invoice and delivery receipt to OP.
Notice was issued to OP but none appeared. OP was proceeded ex-parte on 15/1/2018.
Perusal of the retail invoice filed by the complainant shows:
S.No | Description of Goods | HSN/SAC | Quality | Rates | Per | Disc.% | Amount |
1. 2. | DVD WRITER SATA ASUS Gbd0cf168918 DVD WRITER ASUS BLURE DVD WRITERh5d0cf141759 H5d0cf141759 CGST SGST Less: Round Off | 84717060 84717060 | 1.0 PCS 1.0 PCS | 850.00 7,50.00 | PCS PCS | 15.254% 15.254% | 720.34 6,355.95 7,076.29 636.87 636.87 (-)0.03 |
| Total | | 2.0 PCS | | | | 8,350.00 |
It is clear from the invoice that there are two DVD writers priced at Rs.8,350/-. The complainant admits that he purchased the product which did not fit in his computer as per his requirement. Thereafter, it is stated that the material is sealed pack and unused. The complainant purchased product after due diligence as per his requirement. He went home and find that it does not fit in his computer. It implies that he must have tried fitting the equipment in his computer. The complainant further states that material is sealed pack and unused. The complainant has not brought the material on record or brought the same to the forum for examination. It appears that the complainant must have used the equipment before finding that it does not fit his requirement.
Moreover, no guarantee is given by OP to replace or refund, if there is no defect in the product. Hence the complaint is dismissed.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(RITU GARODIA) (H.C SURI) (A.S YADAV)
MEMBER MEMBER PRESIDENT
