Complaint before National Commission (Malfunctioning Computer)
| Updated at | March 2010 |
In the National Consumers Disputes Redressal Commission
3rd Floor, Labour Court Building, Mumbai
Original Jurisdiction
Consumer Complaint No. …………of ……
In the matter of:
A complaint under section 21 of the Consumer Protection Act 1986 and the rules made thereunder.
And
Mr. A residing at …………………………… …………………………
Complainant
versus
Computer Limited a company registered under the Companies Act 1956 and carrying on business at ………………… …………… within the said jurisdiction
Respondent
To
The Hon’ble President and His Companion Members of the National Commission
The humble complaint of the complainant
Sheweth:
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The respondent is the manufacturer of and dealer in Computers both Hardwares and Softwares and is carrying on the business, inter alia, atMumbai and Pune.
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The claim of the complainant exceeds Rs. 20 lakhs.
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The complainant’s cause of action for this complaint arose on and after 30th December 1998 within two years of the present application.
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The complainant purchased a Computer from the respondent on 30th December 1998 at Rs. 26 lakhs on terms and conditions contained in the Guarantee Card given by the respondent. The said Computer was sold and delivered by the respondent from its New Delhi Office.
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Under the terms and conditions of the said sale of Computer by the respondent the respondent undertook to render free service for one year in relation to the said Computer.
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Within six months of its installation at the office of the complainant at 27 Marine Drive,Mumbai there was malfunctioning of the said Computer.
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The complainant by a letter dated 15th January 1999 requested the respondent to replace the Computer as in spite of repairs by the respondent’s mechanic, the Computer was malfunctioning and was of no use to the complainant.
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The respondent again sent its mechanic who attended the Computer but could not repair it or remove the defect and the machine continued to malfunction.
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The complainant by its letter of 5th February 1999 made a detailed complaint to the respondent about the Computer and requested the respondent to replace the said Computer.
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The respondent by its letter of 28th February 1999 denied any defect in the Computer or that it was malfunctioning.
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The complainant engaged an expert Mr.W from Pune who was the Principal ofPune Computer College and got the Computer examined by him and received a Certificate/report of his examination of the Computer.
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According to the expert opinion there was a manufacturing defect...
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