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2.8. It is further submitted that plaintiff through E-mail had brought the grievances in the knowledge of the the defendants, its authorized agent etc., but the defendants have miserably failed the plaintiff. That, the defendants despite of continuous demands of plaintiff is neither re- placing the Laptop or nor refunding the money. Such conduct on the part of defendant is causing continuous harassment, torture, pain, agony, suffering and set back to plaintiff and the plaintiff is unable to use the HP Laptop for which plaintiff had paid a huge amount of Suit No. 437/212 Pankaj SharmaVs. Vijay Sales Pvt. Ltd. Page No. 4 of 14 money. Copy of emails and certificate under section 65-B of Indian Evidence Act are annexed herewith.

2.9. It is further submitted that the plaintiff is continuously request- ing the defendants, its authorized agents etc, to replace the HP Laptop with new one or to refund a sum of Rs.64,000/- (Rupees Sixty Four Thousand Only) to the plaintiff, however, the defendants have failed to do so. It is further submitted that the defendants have played a fraud upon the plaintiff and after taking the full price of HP Laptop has pro- vided to plaintiff a HP Laptop of poor quality. It is further submitted that the defendant no.1 wrongly mentioned the serial number of the product and that the original and correct serial number of the product is 5CD1289FTK. Copy of the snapshot box of the laptop/product where the serial number mentioned is annexed herewith. That, the conduct of defendants is causing continuous financial losses, injury and damages to plaintiff and the defendants have committed the fun- damental breach of terms and conditions of contract of sale.

2.10. It is further averred that the plaintiff was constrained to serve le- gal notice dated 28.12.2021, upon all directors of the defendants No.1 and 2 through speed post and despite their respective replies, neither the laptop has been replaced nor the amount has been refunded.

2.11. It is further submitted that the cause of action arose when the plaintiff had purchased the HP laptop from the defendants i.e. on Suit No. 437/212 Pankaj SharmaVs. Vijay Sales Pvt. Ltd. Page No. 5 of 14 14.08.2021. That, the cause of action further arose, when the plaintiff had served the legal notice dated 28.12.2021 to the defendants. It is further submitted that the cause of action is still in continuing.

10.2. My issue wise findings are as follows:

Suit No. 437/212 Pankaj SharmaVs. Vijay Sales Pvt. Ltd. Page No. 10 of 14 10.3. Findings on issue no. 1: Whether the plaintiff is entitled for the relief of mandatory injunction, as prayed for? OPP 10.4. Findings on issue no. 2: Whether the plaintiff is entitled for the relief of damages/compensation, as prayed for? OPP 10.5. Both the issues are being deciding together. The onus to prove the above said issues was upon the plaintiff. It is the case of the plaintiff that he had bought an HP Laptop from defendant no.1, which HP has manufactured by defendant no. 2. It is submitted the laptop was defective and despite repeated attempts of repair, the defendant no.2 could not repair the same. It is further submitted that the defendants neither replaced the defective laptop nor returned the purchase amount to him. The plaintiff has claimed the replacement of the laptop and a decree of damages/compensation to refund the sum of Rs. 64,000/- alongwith interest @18% per annum.