COMPAQ COMPUTERS PVT LTD Vs. POONAM SURI

JUDGEMENT

(1.) Heard.1. Both these appeals by opposite parties the manufacturer and the dealer, are directed against the order dated 8.4.2004 passed by District Consumer Disputes Redressal Forum, Gwalior in Case No.388/2002 directing appellants to pay to respondent-complainant, jointly and severally, Rs.50,000 with interest @ 10% p. a. , from 15.8.2001 besides cost Rs.2,000.

(2.) The dispute was regarding a computer system manufactured by appellant-Compaq Computers (India) Pvt. Ltd. and purchased by respondent-complainant from appellant-dealer-Omtech Peripherals Pvt. Ltd. , Gwalior.

(3.) It is more or less admitted between the parties that the computer after its purchase started giving troubles and is used to hang quite often and was also not working with the requisite speed. Although the Service Engineer of the appellants had attended to the problems from time to time, but the complaint continued and could not be rectified fully. The respondent-complainant has filed affidavit of one Shivdeep Panjwani, a diploma holder in advance software technology who testfied to have examined the computer and found that its mother board was defective which led to hanging of the computer when used. It is significant to note that in order to increase the speed of the computer some part of the computer was replaced by the appellants but on payment of cost Rs.700 even when the warranty period had not expired. It was a clear case of sale of defective article as also of deficiency in service on the part of appellants.