I am suing CompUSA. When I appeared to make a complaint the person in charge said, so sue me. I went home that night and drew up the lawsuit and filed it the next day. Here it is.
Comes now Customer and brings this cause against Comp USA an in support of her petition would show the following:
Comp USA is a corporation whose registered agent for service of process is:
[call the secretary of state to get name of agent]
Plaintiff requests that the Petition be served with the attached Discovery.
1. On or about the 30th day of August Customer purchased from Comp USA Store Number 717 located at 9368 North Central Expressway, Dallas, Texas, a Hewlett Packard Computer Number 2T1250 in the amount of $1,449.90, hereinafter referred to as computer'.
2. The sales person represented to Customer that a rebate would be provided from Comp USA for the purchase of the computer. Customer applied for the rebate and provided the receipt provided by CompUSA. This rebate was offered for offered by CompUSA on the Hewlett Packard Lap Top Computer purchased by Customer from CompUSA in September offered for the purchase of any Intel Celeron Processor Based Notebook of CompUSA. Rebate program C137947 104A. The Hewlett Packard Lap Top Computer was covered by this program. The rebate was the inducement which caused Petitioner to purchase the computer.
3. Comp USA refused to honor the rebate program stating the receipt did not bear a date of purchase. Customer produced the receipt to CompUSA precisely as it had been provided to her. Customer subsequently produced to Comp USA their own internal statement regarding the date of purchase of the computer and her VISA statement which represented the date of purchase of the computer. Comp USA continued to refuse to honor the rebate program. Attached hereto as Exhibit A is a scanned copy of the rebate program, the product identification and the sales receipt provided by Comp USA.
3. On or about the 22nd day of August the same computer was taken to Comp USA to repair the computer. The power connector was not making a connection to the motherboard. The repairs made by Comp USA were improper. Comp USA soldered the electric access to the mother board of the computer so the electric plug could not fit into the computer and the mother board was entirely ruined.
4. Comp USA did not admit to Customer that it had improperly soldered the computer but misrepresented their actions and advised her the computer was not cost effective to repair and offered to sell her a new computer. Attached hereto as Exhibit B is a copy of the receipt of payment for repair of the computer from Customerto Comp USA.
5. The actions of CompUSA contained material misrepresentations which were made when CompUSA knew that the representation was false, that the speaker knew it was false or that the speaker made it without any knowledge of the truth and as a positive assertion, that the speaker made the representation with the intention that it be acted upon by the other party, that the other party acted in reliance upon the statement. Fraud is also evidenced in the concealment of the damage done to the computer during the repairs as evidenced by Exhibit B and this misleading language induced plaintiff to rely upon false information and thereby suffer damages or injury.
5. Wherefore premises considered, Customer requests:
A. CompUSA provide to her the reimbursement originally offered for the purchase of the computer;
B. CompUSA repair the Hewlett Packard computer purchased so that it is fully functional.
C. Comp USA be assessed punitive damages for its failure to acknowledge its improper soldering of her computer in an amount not less than $3,350.00 and its refusal to refund the rebate.
D. Any an all judgments this court deems reasonable and all costs of court and attorney's fees.
Lee
dallas, Texas
U.S.A.
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