BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 25/09/2009
Date of Order : 30/06/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 513/2009
Between
John Rajan, S/o. C.J. John, | :: | Complainant |
House No. 57/842, Thekkemarayil, Chittoor Road, Ernakulam – 682 011. |
| (By Adv. George Cherian, Karippaparambil Associates Adovates, H.B. 48, Panampilly Nagar, Cochin - 36) |
And
1. M/s. Hewlett – Packard India Sales (P) Ltd., | :: | Opposite Parties |
24, Salarpuria Arena, Adugodi,Hosur Road, Bangalore – 560 030, Rep. by its Managing Director. 2. M/s. Online IT Shoppe India (P) Ltd., Online House, 39/3729, Chittoor Road, Ravipuram, Ernakulam, Kochi – 682 016. |
| (Op.pty 1 by Adv. Roshin Ipe Joseph, MIG – 145, Thadathil House,Gandhi Nagar, Kadavanthra, Ernakulam) (Op.pty 2 by Adv. Deepu Thankan, Metro Plaza, Market Road, Cochin - 14) |
O R D E R
Paul Gomez, Member.
1. The complaint revolves round the following facts :
The complainant has bought a laptop on 30-08-2006 from the 2nd opposite party for Rs. 57,500/-. The instrument carried 3 years warranty. Several defects were noticed and reported to the 2nd opposite party, but of no avail. Some of the defective parts have been replaced by the complainant for value. The complainant is seeking Rs. 75,000/- as compensation for loss and damages suffered by the complainant and costs of the proceedings.
2. Version filed by the 2nd opposite party denying the allegations :
During the warranty period, the 2nd opposite party is not authorised to open the laptop. During the warranty period, software defects can be rectified or replaced only on charges. Battery was replaced once without charges, eventhough it was out of warranty for a goodwill gesture. The battery once replaced cannot be replaced once again. There is no substance in the demands made in the complaint.
3. The 1st opposite party filed vakalath, and thereafter they chose to remain absent. The complainant was examined as PW1 and Exts. A1 to A9 were marked on his side. The opposite parties have not filed any oral or documentary evidence. Heard the counsel for the complainant.
4. The following points require settlement :
Whether the instrument suffers from the defects alleged?
What are the reliefs allowable?
5. Point Nos. i. and ii. :- Ext. A1 tax invoice stands testimony to the purchase of the electronic device at the price of Rs. 57,500/-. Exts. A2 to A5 communications stands for the various defects of the equipment. Ext. A6 goes to show that fresh battery was purchased at the price of 3,800/-. Ext A7 and A8 stand to show the replacement of DVD drive at the cost of Rs. 4,500/-. Ext. A9 underlines the stand taken by the 2nd opposite party that battery was once replaced. The aforesaid letters stated that the defective parts were covered by warranty. It is true that battery was replaced once free of charges. But we do not think that replacement of defective parts is limited to once in warranty period. Therefore, the 2nd opposite party should not have taken refuge under the stand that replacement is allowable only for one time. Similarly, the allegation regarding DVD is also substantiated by producing materials to establish the same. Barring these two cases, eventhough there is a litany of complaints regarding defects of various parts of the instruments, we do not think the complainant has succeeded in proving with the support of cogent materials the defects on other parts as alleged in the pleadings. Therefore, we cannot act upon such bald allegations. In short, the complainant is entitled to receive the price of the parts, he has replaced for value. The opposite parties are also liable for compensation for mental agony and costs of the proceedings in the Forum.
6. In short, the complaint is allowed as follows :
The opposite parties shall jointly and severally pay Rs. 8,300/- (Rupees eight thousand and three hundred only) along with interest @ 9% p.a. from the date of complaint till realisation.
The opposite parties shall jointly and severally pay Rs. 10,000/- (Rupees ten thousand only) towards compensation for mental agony.
The opposite parties shall jointly and severally pay Rs. 1,000/- towards costs of the proceedings.
Sums under heads (ii) and (iii) will carry interest @ 9% in case the opposite parties fail to pay within 30 days from the date of order.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 30th day of June 2011.
Sd/- Paul Gomez, Member. Sd/- A. Rajesh, President.
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the tax invoice dt. 30-08-2006 |
“ A2 | :: | Copy of the letter dt. 23-12-2006 |
“ A3 | :: | Copy of the letter dt. 21-06-2007 |
“ A4 | :: | Copy of the letter dt. 27-03-2008 |
“ A5 | :: | Copy of the letter dt. 29-08-2008 |
“ A6 | :: | Copy of the tax invoice dt. 25-09-2008 |
“ A7 | :: | Copy of the service call report dt. 17-12-2008 |
“ A8 | :: | Copy of the receipt issued from Nortech Infonet (P) Ltd. |
“ A9 | :: | Copy of the job seet |
Opposite party's Exhibits :: Nil
Depositions :- |
|
|
PW1 | :: | John Rajan – complainant |
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