Consumer Complaint (for Defective Computer)
| Updated at | March 2010 |
In the Mumbai Consumers Disputes Redressal Commission
Original Jurisdiction
Consumer Complaint No............. of 2006
In the Matter of:
A complaint under section 17 of the
Consumer Protection Act 1986 and
the Rules made thereunder
And
Mr. Mohan residing at 2 North
St Ceasar Road, Andheri, Mumbai
.Complainant
versus
ACE Computer Limited a company
registered under the Companies Act
1956 and carrying on business
at 5 Extreme, St Ceasar Road, Andheri,
Mumbai
Respondent
To
The Hon’ble President and his
Companion members of the State Commission
The humble complaint of the complainant above-named most respectfully sheweth:-
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The respondent is the manufacturer of and dealer in Computers both Hardwares and Softwares and is carrying on business, inter alia, at Mumbai, Maharashtra
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The claim of the complainant is less than Rs. 20 lakhs but more than Rs. 5 lakhs.
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The complainant’s cause of action for this complaint arose on and after 30thMar2006 within two years of the present application.
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The complainant purchased a Computer from the respondent on 30th Dec 2005 at Rs. 6 lakhs on terms and conditions contained in the Guarantee Card given by the respondent.
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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 complainant at the above address there was malfunctioning of the said Computer.
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The complainant by a letter dated 3rd January2006 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 25th January2006 made a detailed complaint to the respondent about the machine and requested respondent to replace the said Computer.
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The respondent by its letter of 28th January2006 denied any defect in the Computer or that it was malfunctioning.
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The complainant contacted an expert Mr.Bandu fromNasik who was theHead of theComputer Department atNasik 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 in the Computer and it could not be...
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