Name of the Complainant(s) Name of the Opposite party/parties

Dr. Subrata Das, Md. Atiqur Rahaman,

S/O Sri Manindra Nath Das, Prop. Of Generation Nxt Technology Ltd.

Room No.41(1st floor) 15/1,Swarnamayee Municipal Market Complex

Swarnamoyee Municipal Market Complex ( 1st floor), Station Road,

P.O. Berhampore, Dist. Murshidabad. P.O. Berhampore, Dist.Murshidabad.

PRESENT
1. Shri G. M. Midhya - President

2. Smt. P. Ali - Member

3. Shri T. K. Biswas - Member
JUDGMENT

The complainant’s case, in brief, is that he purchased an assembled computer from the OP at a consolidated price of Rs.26, 639.00. The said computer was found defective from the very beginning and, as such, he informed the OP of such defects and requested for remedy. On 9.7.2007 an employee of the OP checked up the computer and took away some parts under proper receipt with a view to replacing them. Thereafter, the parts were neither replaced nor any step was taken for setting the system in motion by the OP. Ultimately, the complainant served Lawyer’s notice upon the OP on 7.09.2007 who received the same on 12.09.2007 but there was no result. Hence, this case

The complainant prayed for direction upon the OP to take back the computer barring the parts which had already been taken away and to return the consolidated price of Rs.26, 639.00. He also prayed for compensation of Rs.10, 000.00 from the OP.
The OP, Md. Atiqur Rahaman , filed the written version to contest the case . He denied all the allegations levelled against him in the complaint. As per his averment he is simply a computer mechanic and he is paid remuneration for his job of repairing defective computers. He is not the proprietor of Generation Nxt Technology. He has not at all put his signature on the cash-memo and vouchers. He has no nexus with the Generation Nxt Technology Limited which is no more in existence at Berhampore Town. It is a business firm situated in Kolkata and at various places of India. According to the OP, Generation Nxt Technology is the necessary party in this case and the present OP is unnecessary party. He is not liable to meet the claim of the petitioner and, as such, the complaint is liable to be dismissed with cost.



On the date of hearing the petitioner was ready with evidence and original documents. On the other hand, no step was taken by the OP to take part in the hearing though he filed the written version to contest the case. By filing evidence-in-chief the petitioner has very clearly and firmly stated that he knows Atiqur Rahaman, OP, who is the proprietor of Generation Nxt Technology Ltd. And he (complainant) has purchased the computer from the OP and the receipts and vouchers were granted under the authority and knowledge of the OP. There is no cross-examination on these points due to absence of the OP; rather to say due to withdrawal of the OP from contest. Under such circumstances, we are of the view that evidence of the complainant has remained un-rebutted and the presumption as to its correctness is very well subsisted. So, the case stands.
Hence,

O R D E R E D

That the Consumer Complaint No. 160/2007 be and the same is allowed on contest. The OP is directed to take back from the complainant the computer barring the parts which have already been taken back and then to refund to the complainant Rs.26, 639.00 within one month from the date of this order. He shall also give compensation of Rs.4, 000.00 to the complainant for harassment within the above stipulated period failing which the petitioner shall be at liberty to execute this order through this Forum as per law and procedure.