Order No.  10  dt.  23/08/2016

This is a case under section 12 of the Consumer Protection Act.

The case of the complainant in brief is that he purchased one assembled computer from the o.p. and assembled and installed by the person concerned of the o.p. on 18/11/2013. The price of the said computer was Rs. 18,197/- and each part of the said computer was provided with warranty period of 3 yrs., 2 yrs. and 1 yr. respectively. The complainant was also assured that there would be after sales service. After the installation of the said computer with all accessories it was found that some defects were there which was brought to notice of the o.p. But the o.p. did not give any importance to the request of the complainant though the complainant visited the shop of the o.p. on numerous occasions but the o.p. did not pay any heed to the complaint lodged by the complainant.

The complainant finding no other alternative to get any relief from the o.p. had to file the case in this Forum praying for the refund the amount of  Rs. 18,187/- along with interest @12%  p.a. and also compensation of Rs. 50,000/- and litigation cost of Rs. 10,000/-.

The o.p. though received the notice but did not appear as such the case has proceeded ex-parte.

The complainant in support of his contention filed an affidavit of evidence and filed the documents in support of the claim of the complainant. It appears from the documents filed by the complainant that he purchased the computer with some parts and assembled by the person provided by the o.p. It is also found from the materials on the record that the complainant before filing this case sent a letter to the o.p. with the prayer for redressal of his grievances but the o.p. did not take any step as such the complainant had to file this case.

It is found from the record the record that during the warranty period the defect arose in the computer as well as the accessories provided by the o.p. The complainant filed the cash-memo and other documents which substantiated the claim of the complainant and the evidence of the complainant has remained unchallenged thereby we hold that complainant will be entitled to get the relief as prayed for.

Hence it is ordered

That the CC/550/2015 is allowed ex-parte against the o.p. The o.p. is directed to pay the sum of Rs. 18,197/- and also to pay compensation of Rs. 5,000/- and litigation expenses of Rs. 1,000/- within 30 days from this day failing which the complainant will be entitled to get interest @8% p.a. till the realization of the said amount provided the computer is returned to the o.ps. at the time of receiving the decretal amount.

Let a free copy is provided to the complainant at once.