LAWS(NCD)-2016-3-24

PRABHAT KUMAR SINHA & ANR. Vs. NITISH KUMAR

Decided On March 02, 2016
Prabhat Kumar Sinha And Anr. Appellant
V/S
NITISH KUMAR Respondents

JUDGEMENT

(1.) Prabhat Kumar Sinha and Pravin Kumar Sinha, Directors of M/s Astric Computers ( I ) Pvt. Ltd. (opposite parties) being aggrieved of the concurrent findings of the Fora Below have preferred this revision petition.

(2.) Briefly put, the facts relevant for the disposal of the revision petition are that respondent complainant purchased one computer Model No.T 501, Machine No. INI- 40705 G.P. from the opposite parties for Rs. 49,000/- vide cash memo dated 02.04.2005. The said computer started giving trouble within two months of the purchase during the warranty period. The respondent made a complaint to the petitioner opposite parties and the petitioner sent his technical engineer to rectify the defects but the defects could not be rectified. In the meanwhile, the petitioners announced a scheme for getting extended warranty for two years on payment of Rs.6700/-. The complainant thus obtained an extended warranty by making payment of Rs.6700/-. As the opposite parties failed to rectify the defects in computer, the respondent filed a consumer complaint seeking compensation of Rs.1,00,000/-.

(3.) The Opposite Parties resisted the complaint and took the plea that the problem in the subject computer related to hardware which was to be corrected by the manufacturing company and not by the opposite parties.