Delhi

North East

CC/5/2022

UNISHA STORE - Complainant(s)

Versus

VARDHMAN COMPUTER & COMMUNICATION - Opp.Party(s)

07 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.05/22

 

In the matter of:

 

 

	Usha Properietor of Unisha Store Resident Add: D-102, Third Pusta, Som Bazar Road, Soniya Vihar, Delhi-110093	Complainant
	Versus
	Vardhman Computer & Communication G-22-23, Surya Deep Building Wairpur Community Centre Delhi-110052	Opposite Party

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

19.01.2022 18.11.2022 07.02.2023

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

                                                                 ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 28.11.2021, the Complainant has purchased a new CPU Intel 13 RDGEN(11MW), Mother Board H-61 Abronics, RAMDDR 34 GB, SSd Hard Disk 240 GB Kingston, Cabinet Frontech And SMPS ATX for Rs. 15,000/- from the Opposite Party. On the same day, the complainant tried to switch own the system but it did not even turn on and the matter was immediately reported to Opposite party. The Opposite party asked the complainant to send back the product for replacement. That the system started giving trouble on the very first day and due to this the complainant approached Opposite Party for replacement but the Opposite Party is only harassing the complainant. The Opposite Party is neither replacing nor repairing the product. The behaviour of Opposite Party towards the complainant is in a very rude manner and told that the product has physical damage and cannot be replaced. The Opposite Party did not bother to honor the directive of complainant and till date the complainant is suffering due to non-availability of the C.P.U. The Opposite Party did not bother to honour the directive of complainant and till date the complainant is suffering due to non-availability of the C.P.U. The Opposite Party had supplied defective good and they have to make good the losses suffered by the complainant. The complainant had reported the above said grievances to Opposite party several times, seeking speedy process but all in vain. Despite of repeated requests of the complainant the Opposite Party had not made good the defect in the work performed by Opposite Party which was indeed regrettable and highly unprofessional. There was an attributing fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance on the part of Opposite Party. On December 15^th, 2021 having left with no option, the complainant issued a legal notice through his counsel calling upon the Opposite Party to refund the amount but the Opposite Party did not reply the legal notice. Complainant has prayed to refund the amount of Rs. 15,000/- , Rs. 15,000/- towards the physical strain and mental agony and Rs. 4,500/- towards litigation expenses.
2.  None has appeared on behalf of Opposite Party to contest the case despite service of notice on 18.02.2022. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 29.04.2022.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party  is directed to pay an amount of Rs. 15,000/- i.e. amount in question to the complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay an amount of Rs.5,000/- to the complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 07.02.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President