ORDER

11.11.2024

SH. RAJESH, MEMBER

1. Present complaint has been filed by complainant seeking direction to OP to refund the price of Kingston RAM amounting to Rs. 1,140/- to complainant along with interest, cost and compensation.
2. It is stated in the complaint of complainant that on 09.11.2009 complainant purchased one Kingston DDR2 1GB RAM for a sum of Rs. 1,140/- from Gatway Peripherals Pvt. Ltd. . Complainant has alleged that same carries life time warranty.  
3. It is stated that on 18.11.2021 the complainant took the same to the OP authorized service centre of Kingston with complaints of RAM not working. It is alleged that OP declined to repair or replace the RAM on the excuse of physical damage found on the RAM.  
4. It is stated that thereafter the complainant made several requests to OP and manufacturer to replace the RAM but his requests were straight away rejected.
5. Complainant has approached before this Commission by way of present complaint seeking refund of the cost of alleged defective product with interest, cost and compensation.  
6. Notice was issued to OP. Despite due service OP neither appeared nor filed Written Statement within statutory period, hence OP was proceeded Ex Parte vide order dated 22.09.2022 by Ld. the predecessor Bench. 
7. In order to substantiate allegations made in the complaint the complainant has also led his Ex – Parte Evidence by way of affidavit reaffirming the averments made in the complaint. Complainant has also filed and has relied upon Invoice dated 09.11.2009 Exb. CW1/1 and service job sheet dated 18.11.2021 Exb. CW1/2, Email dated 18.1.2021 Exb CW1/3.
8. We have perused the record available with us and heard the complainant in person.
9. Complainant has filed on record Invoice dated 09.11.2019 in respect of subject matter of the case i.e. RAM a computer device issued by actual seller of the product in question i.e. Gateway Peripherals Pvt. Ltd. and has claimed life time warranty on the same.  Moreover complainant has not filed any other evidence showing the product in question carries life time warranty from Producer.
10. Complainant has neither impleaded the actual seller of the product in question i.e. Gateway Peripherals Pvt. Ltd. nor its manufacturer but only service provider.
11. Complainant has sought refund of price of product in question after almost 12 years from service center.
12. The invoice dated 09.11.2009 for the purchase of the disputed product issued by seller doesn’t indicate that product carries life time warranty. Rather about warranty it provides as under

Warranty terms and conditions specified by the principal company / manufacturer and we take no responsibility for any kind of omission and error on their part.

13. After considering the submissions and evidence on record, we are of the considered view that the by not proving life time warranty on disputed product as claimed, the complainant has failed to establish any consumer dispute in the present case under the Consumer Protection Act, 2019.
14. Moreover the present complaint is also not maintainable due to non-joinder of necessary parties i.e. seller and manufacturer of the product in question.  Accordingly, the present complaint is dismissed for lack of maintainability.  
15. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in.

File be consigned to Record Room.

Announced in open Commission on 11.11.2024.

SANJAY KUMAR                                RAJESH

PRESIDENT                                       MEMBER