JUDGEMENT

          The present complainant by filing this complaint has submitted thatcomplainant purchased marked certified repaired HDD (500GB) on 10.09.2012 and complainant complained about its defect on 20.12.2013 and asked for replacement as it was sold as repaired item, not as new product and so question of any sorts of warranty does not arise.  But the op refused to accept the complaint on the ground that warranty period expired and refused to replace and for which the cause of action arose and thereafter complainant made a written complaint to seller/op on 11.01.2014 and on 30.01.2014 complainant received a reply from the op by which op refused to replace the alleged defective goods. 

          Thereafter complainant filed a complaint before the CA&FBP on 10.02.2014, but the matter could not be dissolved due to negative attitude of the op and in the above situation, complainant filed this complaint for proper redressal because complainant purchased new product but practically op/seller sold certified repaired HDD (500GB) and not a new product which is completely unfair trade practice.  So, complainant has prayed for a new HDD (500GB) hard disk drive of the same brand with manufacturer’s guarantee and financial compensation etc.

          On the contrary op/Vedanta Computer Sales Pvt. Ltd. (Seller) by filing this written version has submitted that instant case is defective for mis-joinder and non-joinder of necessary party and manufacturer is not made a party and fact remains that complainant came to the shop of the op and expressed his desire to purchase computer by assembling different parts as per his choice and op sold one assembled for Certified Repaired HDD (500GB) supplied by the Seagate Technology, a manufacturing company and one pamphlet was handed over to the complainant in order to call for and the said Certified Rectified HDD was put in the computer according to his choice and advice.  Save and except op has denied the entire allegation of the complainant and it is further submitted by the op that sophisticated components of different manufacturing company according to complainant’s choice and consent were sold and complainant knowing fully well of the status of different components purchased it and complainant knew fully well that it was a rectified HDD 500GB and it was purchased at a low cost and if there is any defect of any component for which Seagate Technology Company/manufacturer is liable.  But complainant has not made the Seagate Technology company manufacturer as party for which op has no liability and on the other hand the op did not deceive the complainant by any means.  Complainant knowing fully well of the same purchased it and in the above circumstances the complaint should be dismissed.

Decision with reasons

          On proper consideration of the entire materials on record including the argument as advanced by the Ld. Lawyer of the op and further considering the receipt that is tax invoice issued by the Vedanta Computer Sales Pvt. Ltd. it is clear that complainant purchased different components of computer but not a computer manufactured by any particular company.  So, apparently from the said tax invoice dated 10.09.2012 it is clear that complainant purchased different components of computer from the op/Vedanta Computer Sales Pvt. Ltd..  But op is not a manufacturer of computer or a unit of computer.  Truth is that as per said tax invoice, warranty in respect of different components was given by the different manufacturers of the different components which were purchased by the complainant on 10.09.2012 and warranty period was only for one year.  So, as per tax invoice, it is clear that warranty of the components of different manufacturer expired on 10.09.2013 whereas complainant brought allegation of defect of the components and prayed for replacing it on 20.12.2013 that is on expiry of manufacturer’s warranty period.  But it is proved beyond any manner of doubt from the complainant’s own complaint that from 10.09.2012 to 20.12.2013, he did not find any defect or any abnormality and he never faced any trouble in respect of the purchased components upto 20.12.2013 that means during warranty period the components which was purchased by the complainant did not create any trouble to run the said assembled computer which was prepared by him with the help of the mechanic and considering that fact it is clear that complainant appeared before this Forum after expiry of the warranty period in respect of the purchased components of the computer.  So, in the eye of law that complaint is not tenable.

          Moreover it is to be mentioned that warranty period of the different components which were purchased by the complainant expired on 10.09.2013 and thereafter another 3 months, complainant used the said assembled computer without any disturbances and fact remains that just on 20.12.2013 complainant brought allegation about its defect of the said components which was purchased by him from the op that is Vedanta Computer Sales Pvt. Ltd..

          So, in the eye of law on 20.12.2013 there was no liability on the part of the op to redress the complainant’s grievance.  It is to be mentioned that it is the general principal of customer liability to extend warranty period by paying such fees to the manufacturer companies to get extension of warranty but that was also not done by the complainant.  But it is mandatory for all the computer owners to extend warranty period by paying such fees as would be fixed by the service center of the manufacturer company but that has not been done and fact remains that for not taking such facilities by the complainant, complainant has been suffering and for which no doubt every manufacturer or the present op/seller has no liability and at the same time complainant has failed to prove any sort of deficiency and negligent manner of service on the part of the op as seller because during the period of warranty those components which were purchased by the complainant from the op did not create any trouble and the complainant smoothly used and enjoyed the said assembled computer peacefully and it did not create any trouble at any point of time within the period from 10.09.2012 to 20.12.2013.

          But problems were found after lapse of 3 months from the date of expiry of the warranty period for that reason the manufacturer or the seller are not liable.  In the above circumstances, we are convinced to hold that complainant has failed to search out any sort of negligence and deficiency on the part of the op (seller) or the manufacturer by any means and truth is that if any consumer purchases assembled computer, the company always supplied such sort of “Certified Repaired HDD (500GB)” as because it is not complete unit of computer manufactured by any company.

          So, in the above circumstances, the complaint fails.

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on contest against the op without any cost.