BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

========

Anmoldeep Singh son of Sh.Yadvinder Singh Bhalla, Resident of Ho.1160, Sector 67, SAS Nagar

….…Complainant

                                V E R S U S

Noble Informatique, SCO No.61, Sector 20-C, Chandgiarh.

                                        ..…Opposite Party

CORAM:    SH.JAGROOP SINGH MAHAL      PRESIDENT

                DR.(MRS) MADHU BEHL              MEMBER

                SH.RAJINDER SINGH GILL            MEMBER

Present :   Complainant in person.

                OP exparte.

PER DR.(MRS) MADHU BEHL, MEMBER

                The case of the complainant is that he purchased one computer from OP on 13.6.2008 for Rs.35,450/-  which was giving problems very frequently. The problems in the computer, being under warranty, was brought to the notice of OP as well as their service centre many times but they did not turn up either to check the computer or to repair it and lingered the matter on one ground or the other.  Hence this complaint alleging that the aforesaid acts of the OP amount to deficiency in service and unfair trade practice which caused him tremendous mental tension and mental agony.

2]             Notice of the complaint was sent to the OP but none appeared despite their having been duly served and therefore, the OP was proceeded against exparte.

3]             We have perused the record.

4]             Annexure C-1 is the retail invoice showing that the computer was purchased by the complainant for Rs.35,450/-.  According to the complainant the computer did not work properly since the date of its purchase.  He had to visit Noble Informatique, Sector 20-C, Chandigarh(office of the OP) many times to get the computer in proper working condition but of no use.  Annexure C-2 is the copy of warranty card which shows that the above said computer is under warranty for a period for 3 years i.e. from 13.06.2008 to 12.06.2011.  His contention is that OP has been trying his best to rectify the defect of the computer for the last one and half years but he could not succeed.  Since the computer is not working properly it is the duty of the OP to get the defect rectified from their service centre free-of-cost.  It appears that the OP intentionally did not appear after service and was proceeded against exparte, which shows that it has no defense to make against the complaint made by the complainant.

5]             In view of the above discussion, we are of the opinion that the complainant has sufficiently proved his case by way of documentary evidence placed on record. The complaint is accordingly allowed. In these circumstances we hold the OP deficient in rendering proper service to the complainant by not repairing the defect of the computer being under warranty period. Accordingly we direct the OP to get the defect of the computer rectified and make it in working condition to the satisfaction of the complainant free of cost and deliver it back to the complainant within 30 days from the date of receipt of the copy of this order alongwith Rs.1,000/- as costs of litigation failing which the OP would be liable to pay the same alongwith interest @12%  p.a. since the filing of the present complaint i.e. 11.11.2009, till its realization. 

                Certified copies of this order be sent to the parties free of charge.  The file be consigned.