ORDER

Shashi Narang,Member

1. Brief facts of the case are that the complainant alleged to be dealt in share market and had obtained broadband connection of BSNL. for which he had purchased computer from opposite party about 10 months back and anti virus was purchased for a sum of Rs.700/- on 19/7/2010 and on working on the computer, he came to know that side NSE was not opening and internet used to close after four/five minuets and on closing the Internet, it again could not open after starting the computer again and again . Complainant disclosed all these facts to the opposite party and also carried his computer on three occasions to the shop of

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opposite party and on fourth occasions, he also met computer mechanic on 10/8/2010 when he came to his house . He also charged Rs.200/- from the complainant He also told that there is no virus in the computer and now the computer was in working order. But when he again started the computer then it gave the same trouble. He also alleged that from the date of purchase of computer, it was not working in perfect condition and was giving lot of noise and due to that reason the complainant has been suffering loss of Rs.750/- every month from 2.7.2010 onwards because of installation of Internet connection . At the instance of opposite party, he had also made complaint with the office of BSNL on several occasions but came to know that there is no defect in Internet connection but fault lies in the computer Thus he has suffered loss as mentioned in para No.4 of the complaint. Thus there is deficiency in service on the part of opposite party . Hence the present complaint.

2. Notice of the complaint was issued to the opposite parties who appeared through counsel and filed written statement raising as many as four preliminary objections by refuting all the allegations made in the complaint that the complaint is not maintainable in the present form, the complainant has not approached this Forum with clean hands and has suppressed true and actual facts from this Forum. The complainant has not purchased computer, but has only purchased some parts of the computer vide invoice No.229 and has got it assembled from some where else. Thus, the complaint is bad for non-joinder of necessary party. The complainant is estopped from filing the complaint by his own act and conduct.

3. The counsel for the complainant has tendered into evidence affidavit of complainant Ex.CA along with documents Ex.C1 to Ex.C8 and closed the evidence.

4. On the other hand the opposite parties tendered into evidence affidavits Ex.OA and Ex.OB along with documents Ex.O1 to Ex.O4 and closed the evidence.

5. The case to connect the complainant is that the complainant had

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purchased anti-virus kit vide invoice No. 317 dated 22/7/2010 Ex.C1 and other spare parts on 15/8/2009 relating to his computer from V.N. Computer, Banga road, Phagarwa opposite party and filed complaint against opposite party under section 12 of the Consumer Protection Act, 1986. The complainant after observing various faults in the computer, got the same checked from BSNL department and found that BSNL Broadband Connection was working okay but there was anti-virus problem in the computer. And as per complainant the defects in the computer were removed by the opposite parties three times free of cost and on fourth time, the defects were removed by the mechanic of the Kamal Computers, Phagwara on 10/8/2010 at the residence of the complainant who charged Rs.200/- as repair charges from the complainant vide Ex.C2. In the written statement, opposite party had admitted that the problem in the Internet Connection of the complainant, if any, was due to defect in the MODEM. The complainant has only purchased some spare parts of the computer vide invoice No.229 and got the computer assembled from somewhere else.

We, therefore, direct the opposite party VN Computer, Banga road, Phagwara to put the computer of the complainant in dispute in healthy condition at the cost of complainant after providing new MODEM or any other part if found defective by accepting cost of MODEM/spare parts other than spare parts purchased on 15/8/2009 and vide invoice No.317 dated 22/7/2010 within 15 days after depositing the expenditure incurred on account of repair charges of computer with the opposite party.by the complainant The Complaint of the complainant is disposed of accordingly. Parties are left to bear their own costs.

Let certified copies of order be sent to the parties without delay and free of cost and file be consigned to the record room.

Announced Shashi Narang Gulshan Prashar Paramjit Singh

23.9.2010 Member Member President