I C C COMPUTER SYSTEM Vs. GAGAN BHARAT

JUDGEMENT

(1.) THIS appeal is directed against the order dated 2.7.2012 passed by the learned District Consumer Disputes Redressal Forum, Shimla in complaint No. 242/2011, where by the complaint was allowed and the opposite parties were jointly and severally held liable to replace the defective laptop with new laptop of same make and kind. The cost of litigation was quantified to the tune of Rs. 2,000. (Parties are hereinafter referred to as per their status in the complaint).

(2.) BRIEF facts of the case as they emerged from the complaint file are that complainant purchased a Laptop of H.P. Pavilion DV6 -3004 TU SCNF 0163146 for a sum of Rs. 35,000. Necessary invoice was obtained in this connection. In the month of May, 2011 Laptop/Notebook developed defect in its functioning which was brought to the notice of the opposite party No.1. Opposite party No. 1 directed the complainant to visit the authorized service station run by the opposite party No.2. Laptop/Notebook was brought to the service station of opposite party No.2. Complainant was assured by the opposite party No. 2 that defect would be removed from laptop and same would be handed over to him after repairs. He received back the laptop from opposite party No. 2, but, on 20.5.2011, it again developed defect and handed over the same back to opposite party No.2 to do the needful.

(3.) OTHER averments are that the complainant brought to the notice of the opposite party No.2 that there appears to be inherent defect in the laptop and requested for the replacement of the same since this defect had occurred repeatedly during the warranty period. On 27.5.2011, the complainant was informed by one Ashok Kumar that laptop has been repaired and he should collect the same and that there was no need to replace the same.