A Madison County, Illinois man has had it up to here (hand at chin level) with the Xbox 360 that scratched three of his video game discs. He’s suing Microsoft, seeking more than $50,000.

Xbox 360 owner Jason Johnson filed suit against the company after his console scratched his copies of Rock Band, Rock Band 2 and Grand Theft Auto IV, rendering all three unplayable, according to the Madison County Record. Johnson claims he heard “unnatural, grinding noises while the game disc was spinning,” determining that his console was defective and to blame for the damage.

Johnson’s defective console was a replacement for a Xbox 360 that red-ringed in 2007.

The complaint contends that Microsoft “violated the Illinois Consumer Fraud and Deceptive Business Practices Act” and that Microsoft stands to profit from issuing paid-for replacement discs to compensate those harmed by Microsoft’s own product.

Microsoft was hit with a class action suit for the same issue in 2007.

The suit also claims that “the Xbox 360 was not of merchantable quality or safe or fit for its intended use, because it was unfit for the ordinary purposes for which it was used, because the Xbox 360 cannot play any discs during normal use without permanently damaging those discs.”

Johnson is said to be claiming $50,000 in punitive damages on top of attorney’s fees and regular costs.

Man claims Xbox 360 scratched games in suit against Microsoft [Madison-St. Clair Record]