Per Smt. Jayshree Yengal, Hon’ble  Member.

        Feeling aggrieved by the order dated 18/05/2007 passed by the District Consumer Disputes Redressal Forum, Nagpur in Consumer Complaint No.409/2006 dismissing the complaint, the original complainant has filed the present appeal.

          The facts in brief are as follows:-

1.       The appellant had booked computer with the respondent by order dated 21/07/2005 & the opponent had delivered the computer to the appellant on 04/08/2005 . On the said day the appellant paid to the respondent entire price of Rs.27,100/-.

 2.       It is the contention of the appellant that the computer purchased from the respondent was not working properly from the date of delivery itself and the components of the computer were not as per the order placed by the appellant.

3.       The appellant informed the respondent that the computer was not working properly and therefore, asked the respondent to repair the same and accordingly, she also issued letters and notice to the respondent but the respondent did not respond to the same.

4.       Therefore, alleging deficiency in service the appellant filed the consumer complaint claiming refund of the cost of computer i.e. Rs.27,100/- and compensation of Rs.50,000/- towards mental and physical harassment.

5.       By written version the respondent resisted the complaint where he has specifically pleaded that the complainant had placed an order and purchased spare parts of the computer and spare parts did not carry any warranty.  The spare parts of the computer sold to the complainant were in good condition and accordingly delivery memo was also signed by the complainant. The respondent further pleaded that it had not rendered deficient service and therefore, in absence of any evidence showing defect in goods the consumer complaint filed by the complainant is without any merits and is liable to be dismissed.

6.       The District Consumer Disputes Redressal Forum, Nagpur after hearing both the sides and perusing the documents filed on record observed that the appellant has failed to prove that the computer was assembled by the respondent and the payment of Rs.27,100/- which was made by the appellant to the respondent towards the purchase of spare parts of the computer was not according to the order which was placed by the appellant to the respondent. The Forum has further observed that the complainant has also failed to prove as to which spare part was defective or of sub-standard quality and therefore, in absence of deficiency being proved against the respondent the complaint is liable to be dismissed and accordingly, the Forum dismissed the complaint.

7.       Feeling aggrieved by the said order the appellant/complainant has filed the present appeal alleging thereby that the Forum has erred in holding deficiency in service as not proved on the basis of documentary evidence..

8.       We heard Smt. Paunikar, Ld. Counsel for appellant and Mr. Ashirgade, Ld. Counsel for respondent and perused the documents filed on record. The complainant has filed the copy of the delivery memo, the copy of invoice, the copy of the estimate quotation, the receipt of the payment made to the respondent by the appellant, etc.

9.       The invoice of the goods/spare parts supplied to the respondent is of Rs.27,100/- and estimate quotation for the computer spare parts purchased is of Rs.32,650/- . The payment of receipt is of Rs.9,000/- . These documents do not prove that the spare parts of the computer supplied to the appellant are not according to the order placed by the appellant and therefore, to infer deficiency in service from these documents filed on record by appellant is not possible. Secondly, the condition no. 6 of the invoice clearly mentions that “all goods are sold without warranty unless specified“ and invoice, delivery memo or any documents showing warranty against the specific goods is not filed on record.

10.  Therefore, in our opinion the appellant has failed to prove that the spare parts, which were purchased from the respondent, were not according to the order placed by appellant nor they were of sub standard quality or there existed any warranty condition with the same and therefore, the District Consumer Forum, Nagpur has rightly dismissed the complaint.

11.     We find that the order passed by the District Consumer Forum, Nagpur is just and proper and sustainable in law and no interference is warranted. Therefore,  in the result following order.

ORDER

1.       Appeal is dismissed.

2.       No order as to cost.

Delivered on 19/10/2011