1. Proprietor, Vinayaka Agencies,and Another V/S Adarsh, S/o. Sivadasan, Kasthuri,Kakkakkunnu.p.o.,
Adarsh, S/o. Sivadasan, Kasthuri,Kakkakkunnu.p.o., filed a consumer case on 30 Sep 2008 against 1. Proprietor, Vinayaka Agencies,and Another in the Kollam Consumer Court. The case no is CC/06/317 and the judgment uploaded on 30 Nov -0001.
1. Proprietor, Vinayaka Agencies,and Another Manager, Hynix Swemi Con ductor INC., 518, B Wing Airport Road,Bangalore - 560 008.
...........Respondent(s)
BEFORE:
1. K. VIJAYAKUMARAN : President 2. RAVI SUSHA : Member 3. VIJYAKUMAR. R : Member
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
ADV. RAVI SUSHA, MEMBER. The complainant has filed this complaint for getting an order directing the opp.parties to replace the RAM immediately and to pay compensation and cost. The averments in the complaint can be briefly summarized as follows: The complainant purchased a computer from the 1st opp.party on 31.5.2004 for Rs.25,465/-. The 1st opp.party is the authorized dealer and agent of the 2nd opp.party. RAM is the most important and integral part of a computer. It was assured by the 1st opp.party at the time of purchase and is seen labeled in the product itself and thus self speaking. The 1st opp.party charged Rs.2400/- for the RAM. The computer purchased by the complainant became defective on 2.6.2006. The entire system was brought to the shop of the 1st opp.party as directed by them. Defect was detected in the RAM. The system was retained there for several days. Finally on 12.6.2006 the system was returned after removing the RAM saying that it is to be sent to the office of the 2nd opp.party for getting it replaced. The 1st opp.party assured the complainant that the RAM will be replaced with in a week. Thereafter inspite of several requests and demands the RAM was not replaced till date and hence this complaint. The matter was also brought to the notice of the 2nd opp.party directly by the complainant, but the 2nd opp.party also remained passive throughout and till date. Hence the complaint. Points that would arise for consideration: 1. Whether there is deficiency in service on the part of the opp.party 2. Reliefs and costs.; PW.1 is examined, Ext. P1 and P2 are marked. The opp.parties though served with notices, chose not to file their version, disputing or denying the averments made in the complaint. Opp.parties were absent. Hence they stand declared exparte. We are carefully perused the complaint, affidavit and documents filed by the complainant. Here the opp.party set-exparte. As no evidence is adduced from the side of the opp.party, we are constrained to rely upon the exparte evidence. Through Ext.P1 and P2, and affidavit the complainant proved his case . Hence we find that there is deficiency in service on the part of the opp.party. Therefore the complainant is entitled to get relief. In the result the complaint is allowed. The opp.party is directed to replace the RAM forthwith and to pay Rs.2000/- as compensation and Rs.1000/- as cost to the proceedings to the complainant. The order is to be complied with within one month from the date of receipt of the order. Dated this the 30th day of September, 2008. SENIOR SUPERINTENDENT. I N D E X List of witnesses for the complainant PW.1. Adarsh List of documents for the complainant P1. Bills dated 31.5.2004 P2. Receipt dated 12/2006
......................K. VIJAYAKUMARAN : President ......................RAVI SUSHA : Member ......................VIJYAKUMAR. R : Member
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