Consumer Complaint (for Defective Computer)

Updated atMarch 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


Mr. Mohan residing at 2 North

St Ceasar Road, Andheri, Mumbai



ACE Computer Limited a company

registered under the Companies Act

1956 and carrying on business

at 5 Extreme, St Ceasar Road, Andheri,




The Hon’ble President and his

Companion members of the State Commission

The humble complaint of the complainant above-named most respectfully sheweth:-

  1. The respondent is the manufacturer of and dealer in Computers both Hardwares and Softwares and is carrying on business, inter alia, at Mumbai, Maharashtra

  2. The claim of the complainant is less than Rs. 20 lakhs but more than Rs. 5 lakhs.

  3. The complainant’s cause of action for this complaint arose on and after 30thMar2006 within two years of the present application.

  4. 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.

  5. 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.

  6. Within six months of its installation at the office of complainant at the above address there was malfunctioning of the said Computer.

  7. 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.

  8. 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.

  9. 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.

  10. The respondent by its letter of 28th January2006 denied any defect in the Computer or that it was malfunctioning.

  11. 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.

  12. According to the expert opinion there was a manufacturing defect in the Computer and it could not be...

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