Present : Sri A.K. Das, President
Sri L.K. Banerjee, Member
Smt. J. Saha, Member
Order no. 11 dt.09.04.2008
Neither the complainant nor the o.ps. are present. It is appearing from the order sheet that o.ps. have been duly served with the notice but they did not turn up to contest the consumer complaint by filing w/v. Today is fixed for hearing. At this stage one petition is filed by an agent of the complainant with a prayer for adjournment on the ground the lawyers of the complainant is busy with professional duty and the complainant is ill. However, it appears from the order sheet complainant is not diligent to get the matter heard. Accordingly prayer for adjournment is rejected. Hence the petitioner of complaint and order follows.
In this consumer complaint petitioner has prayed for replacement of the computer alternatively a direction for refund of Rs.44500/- and other consequential relief on the following back drop.
The petitioner purchased a computer from o.p. no.1 manufactured by o.p. no.2 on 20.2.04. On March 2005 complainant noticed several problems in the computer. Accordingly, he lodged complaint to o.p. nos.1 and 2 over telephone and requested them to remove the defect since the computer was under cover of warranty. O.p. no.2 intimated the complainant that dealer o,.p. no.1 has not paid the care pack money to them. Therefore they are not liable to give any service to the complainant for required repair of the computer. Thereafter the petitioner made several complaint over telephone intimating o.p. nos.1 and 2 he required urgent repair of the computer but no positive action was taken by o,.p. Hence the petitioner moved this forum for above relief.
The contention of the petitioner is unchallenged. The petitioner does not annex any warranty along with the consumer complaint nor it is found from the record that o.p. no.1 paid care pack money to the o.p. no.2 for obtaining service from o.p. no.2. It is undisputed petitioner was not getting service from the computer he purchased from o.p. no.1 due to defect as alleged in the petition of complaint. There is no material on record contrary to the statement made in the petition of complaint. Thereby present consumer complaint succeeds and the petitioner is entitled to relief.
Hence,
Ordered,
That the o.p. no.1 is directed to replace the computer and / or making payment of Rs.44,500/- (Rupees forty four thousand five hundred) only within three months from date, in default the o.p. no.1 shall be liable to pay interest @ 12% p.a. on the principal amount of Rs.44,50/- till realization. The o.p. no.1 is also directed to pay litigation cost Rs.1000/- (Rupees one thousand) only within that time, failing which it will carry an interest @ 8% p.a. till realization.
Let copy of this order be supplied to the parties free of cost.
Member Member President