Per  Shri H. M. Pateriya – Hon’ble Member.

               The complainant Shri Debidas s/o Khushrang Parate filed this complaint before forum for redressal u/s 12 of the Consumer Protection Act, 1986 for deficiency of service and negligence in duty committed by the opposite party.  

              The brief facts of the case are as follows:-

2.            The opposite party is having shop of computers, laptops, peripherals and repairing known as Sai Computers, Near Post Office, Tirora, Distt. Gondia. 

3.            The complainant has purchased from opposite party one new branded Dell Computer set on dated 02/02/2015 by paying Rs.27,350/-.  The computer set consists as under:-

              Name                        Model                       Rupees

   1.    Processor Dell              DCSLE 09321          Rs.18,900/-

   2.    Dell Monitor 18”           E1914 HC                Rs.  5,800/-

   3.    UPS Umax                    UPS 621 V               Rs.  1,900/-

   4.    Key Board Mouse         KB 212 B                 Rs.     750/-

          combo                                                      …....................

                                                                             Rs.27,350/-

              The opposite party has given receipt no. 163 for Rs.27,350/- to the complainant for purchased computer.

4.            On the same day the opposite party had installed the said computer in the house of the complainant.  The computer was started but not functioned properly. 

5.            The computer was shut down automatically 2-3 times.  The complainant tried to start but the computer was not functioned.   The complainant had contacted telephonically with opposite party but opposite party avoided to receive the call of the complainant.  On next day i.e. 03/02/2015 the complainant visited the opposite party and informed about the said computer and informed that the computer was not working properly.  The opposite party assured to the complainant that he would send mechanic or agent for repairing the computer.  But the opposite party failed to send any mechanic or so.  The attitude of the opposite party with the complainant is very suspicious.  Hence the complainant collected the information of all accessories of computer which he has purchased from internet.  By getting the requisite information the complainant shocked and found that the opposite party had sold the C.P.U. of the computer 5 to 7 years old and monitor & key board, UPS is duplicate and damaged.  By knowing information about the computer the complainant again visited the shop of the opposite party and asked about the cheating & misrepresentation.  At that time opposite party apologized of the act and agreed to exchange the computer which he had sold to the complainant.

6.            It is further submitted by the complainant that the opposite party again failed to replace the computer.  The complainant again requested to the opposite party to exchange the computer or return the amount of the computer of Rs.27,350/. The opposite party raised his voice and abused in filthy language with the complainant. 

7.            The complainant sent the legal notice by registered post through his counsel Shri D. K. Ramteke and requested opposite party to exchange the computer or refund the amount paid to the opposite party.  But the opposite party did not turn up for the same.  Hence deficiency on the part of opposite party.  Therefore, the complainant prayed to pay the amount of Rs.27,350/- with interest @24% per anum.  The complainant also prayed to award damages of Rs.20,000/- towards mental, physical agony and stress caused to him and Rs.10,000/- towards cost of complaint from the opposite party.   

8.            The complainant has filed the list of documents at page no. 9 of the complaint which includes Receipt, Detail of set from internet, Legal notice etc.   

9.            The complaint is registered and issued notice to the opposite party.   After receiving the notices the opposite party could not appear before the forum.  Hence on dated 16/07/2016 the forum decided ex-parte against the opposite party.                 

10.                   After going through the complaint and argument of counsel for complainant the following points came to be consideration.        

REASONING & FINDINGS

11.               As to point No. 1:-    The complainant purchased on dated 02/02/2015 the Dell Computer from the opposite party for Rs.27,350/-.  The opposite party installed the said computer in the house of the complainant on the same day.  But it is found by the complainant that the computer is not working well and going on shut down 2-3 times.  It was not functioning properly.  On the same day the complainant gave information telephonically about the computer not working properly.  The opposite party avoided the call.  On the very next day i.e. 0n 03/02/2015 the complainant visited the shop of the opposite party and informed about the non working of the computer.  The opposite party made a promise to send mechanic or agent to get the computer repaired.  But in vein the opposite party did not send any representative for repairs of the computer.

              In the mean time the complainant collected the information through internet regarding the said computer which he had purchased.  The complainant came to know that the CPU of the computer is 5 to 7 years old and the monitor, key board, UPS is duplicate and damaged.  Immediately the complainant visited the opposite party and asked about cheating and misrepresentation.  The opposite party apologized & ready to exchange old computer set.

              The complainant requested opposite party to replace the old computer or return Rs.27, 350/- which the complainant made a payment.  But the opposite party did not turn up to exchange or refund the amount of Rs.27, 350/-.

              The opposite party sold the old computer to the complainant after expiry of the warranty.  Its end date is April 23, 2011.  The service tag is 2MHT4BS.  It is clear that the action of the opposite party is in deficiency of service.  Hence finding of point No. 1 is recorded in the affirmative.  

12.               As to point No. 2:-    In the light of the above the bench arrives at the conclusion that the complainant is entitled to get refund of Rs.27,350/- with interest @ 9% from the date of the complaint, compensation of Rs.5,000/- for mental, physical agony & stress and also to get Rs.2,000/- as legal charges from opposite party. For the above reason findings as to point No. 2 is recorded accordingly.  

              For the above reasons order is passed as under:-

-: FINAL ORDER :-

1.            The complaint is partly allowed.

2.            The opposite party is directed to refund Rs.27,350/- with interest @9% p.a. from the date of the complaint i.e. 18/03/2016 till realization of the amount.

3.            The opposite party is directed to pay Rs.5,000/- (Rupees Five Thousand) towards the compensation for mental torture & agony to the complainant along with Rs.2,000/- (Rupees Two Thousand) towards the cost of litigation. 

4.            The opposite party is directed to comply the above order within 30 days from the date of receipt of this order.

5.            Copies of this order be furnished to both the parties free of cost.

6.            The ‘B’ & ‘C’ set of the complaint be returned to the Complainant.