CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.914/06

Sanl MG, S/o PM Kurup,

Tapti Hostel,  JNU,

New Delhi-110067

                                                                                   …………. Complainant                                                                                   

                        Vs.

RJ Computers, G-7, Bajaj House,

Nehru Place, New Delhi-110019

                                                                                                ………..Respondent

                                                                                    Date of Order: 24.10.2016

O R D E R

            The complaint pertains to defect in product purchased. Briefly stated, the complainant purchased a pen drive 128 MB (Kingston) for Rs. 1012/- on 23.08.2005 from OP. It is alleged that capacity of the pen drive is less than 20 MB and any files stored in pen drive gets corrupted. The bill is annexed with the complaint. The product was sent for services to Accel Fontline, an authorized trade partner, service provider of Kingston Company. The service report is also annexed. The report shows the product to be fake. The complainant prays for replacement/ refund for defective product along with compensation. The complainant lost valuable thesis data and important photographs due to corruption in the pen drive.

            OP through his proprietor has admitted that receipt filed by the complainant is correct and Kingston pen drive was sold to complainant. It is stated that the product is of good quality and not duplicate. The complaint has filed the complaint after the warranty of one year mentioned in the invoice. OP was also willing to provide the replacement through their representative.

The sale of product for Rs. 1012/- on the said date and the receipt thereto is admitted by both the parties. The receipt clearly stated that Kingston pen drive Hard Disk is 128 MB. The service report dated 13.11.2007 by the Aceel Frontline clearly shows that the product is fake and cannot be replaced as it is a unknown Kingston product.

            The complainant has also filed warranty papers which provides warranty for five years. OP has not denied the service report by Accel Fontline in its pleading. It is crystal clear that the goods sold by the OP purporting to be a standard company turned out to be a fake. This clearly shows that the deceptive trade practices being carried out by OP. The consumer lost important data related to his PHD thesis and photographs which could not be reproduced due to fraudulent and unscrupulous practices being carried out by OP.

We therefore, find OP guilty of selling fake product and is directed to refund Rs. 1012/- to the complainant along with interest @ 9% p.a. thereon from the date of purchase till actual payment. He is further directed to pay sum of Rs. 3000/- for indulging in unfair trade practice and deliberate deception as compensation and Rs. 2,000/- towards litigation expenses.

Let the order be complied with within one month of the receipt thereof.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

(D.R TAMTA)                       (RITU GARODIA)                (A.S YADAV)

MEMBER                              MEMBER                              PRESIDENT