ORDER
By Jayasree Kallat, Member
The petition was filed on 15-3-2011. The complainant had purchased a computer from the opposite party who claims themselves to be the authorized dealer of Acer computers. The purchase was done on 1-9-2010. Opposite party had given booklet and guide book which shows the warranty of Acer Company during the purchase to the complainant. On 26-9-2010 ie. within one month of purchase the CPU of the computer showed certain defects. The complainant immediately informed the opposite party. On 29-9-2010 opposite party had rectified the defects for which complainant had to pay Rs.350/- but within one week of rectification the system showed same defects. Complainant immediately informed the opposite party. Opposite party did not respond to the request of the complainant to rectify the defects. Instead opposite party had asked the complainant to contact the Acer Company. The complainant registered a complaint online as per the booklet of the Acer Company. The Serial number of the computer was not registered with the Acer Company. The complainant is alleging that the opposite party had given the complainant an assembled unit in the name of Acer computer. The act of the opposite party is unfair trade practice. Due to the deficient act of the opposite party the complainant could not use the computer which he had bought from the opposite party by paying Rs.25,500/-. Hence this petition is filed against the opposite party for giving him a low quality computer and faking it as original Acer computer.
The opposite party did not appear before the Forum after receiving the notice. Hence opposite party was called absent and set expate.
The complainant had filed affidavit and Exts. A1 to A5 documents as well. The complainant was examined as PW1. In his deposition the complainant has specifically pointed out that he had purchased the computer from the opposite party for which opposite party had given warranty card of Acer computer which is marked as Ext.A2. The CPU of the computer became defective within one month of purchase. According to the complainant it was once repaired by opposite party but the CPU showed the same defects within one week of repair. When the complainant requested the opposite party to rectify they did not respond. The complainant had registered a complaint online site of the Acer computer as per Ext. A2. Such a number did not get registered in the Acer site. A perusal of Ext.A3 shows that the online site could not find the record of the complainant. The complainant could not use the computer in a proper manner for which he had expended Rs.25500/-. According to the complainant opposite party is conducting unfair trade practice by giving false advertisements of branded system and selling low quality computers. The complainant had suffered due to the deficient act of the opposite party. Hence opposite party is liable to compensate the complainant for the hardship mental agony and financial loss he had to suffer.
In the result the petition is allowed and opposite party is directed to pay an amount of Rs.15000/- along with a cost of Rs.1000/- within one month from the date of receipt of copy of the order.
Pronounced in the open court this the 20th day of July 2011.
Date of filing:15.03.2011.
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1.Photocopy of Retail invoice cash credit dtd. 01.09.2010for Rs.25,500/-
A2. Photocopy of booklet and Guide book of Acer company.
A3.Photocopy of E.mail reply receipt regarding the warranty serial No.
A4. Photocopy of Registered acknowledgement tapal receipt dtd.11/2010.
A5. Photocopy of service report dtd.29.09.2010.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:PW1.Sivan.P.(Complainant)
Witness examined for the opposite party:
None
Sd/-Presidenmt
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
