Before the District Forum:Kurnool

Present: Sri K.V.H. Prasad, B.A., LL.B., President

And

Smt C.Preethi, M.A., LL.B., Member

Sri R.Ramachandra Reddy, B.Com., LL.B., Member

Friday the 3^RD day of December, 2004

CD No.113/2004

N.Ravindranath,

S/o Late N.Sankar Rao,

LIC Agent,

D.No.7/5C, Old Peta,

Main Road, Pattikonda,

Kurnool District.                         ……Complainant represented by his counsel

Sri.Mrs.G.Rafat.

-Vs-

1. The Manager,

Vision Computers,

Ganesh Temple Road,

Yemmiganur,

Kurnool.                                  …Opposite party

1. The Manager PCS, Industries,

No.26, Paigha Colony,

Behind Anand Theater,

Secunderabad.                         …Opposite party

O R D E R

(As per Sri.R.Ramachandra Reddy, Member)

CC.No.113/2004

1.       This consumer dispute case of the complainant is filed under section 12 to 13  of the C.P. Act, 1986 seeking a direction on the opposite parties 1 and 2 to pay him the costs of the PCS Computer System of Rs.26,576/- with interest at 12% per annum or replace the same Rs.15,000/- towards mental agony and Rs.1,000/- towards costs.

2.       The brief facts of the complainant’s case are that the complainant purchased a PCS Computer System for Rs.26,576/- on 04-11-2003 under a bill No.33 from the opposite  party No.1 of the opposite party No.2 with a warranty and the complainant also availed loan amount of Rs.13,000/- for its purchase and paying monthly E.M.I of Rs.1,252/-.  The PCS Computers System which was purchased from the opposite party No.1 started manufacturing defects in the mother board and hard disk after within three months from the date of its purchase.  The defects were reported to the opposite party No.1 several times and the opposite party No.1 tried to rectify its defects, but failed to do so and the system was sent to the opposite party No.1 in the month of April, 2004 to Secunderabad.  The opposite party No.2 after 20 days returns the PCS System to the complainant in the month of May, 2004.  Even then the defects were not rectified and the system is not properly working in condition, as there are manufacturing defects in the mother board and hard disk, as the system became useless and inoperative and troubleshooting within the warranty period.  This matter was several times represented to the opposite parties 1 and 2, but they failed to take proper care.    The above said lapsive conduct of the opposite parties a amounting to deficiency of service, constrained the complainant to resort to this Forum for redressal of the claim.

3.       In pursuance of the receipt of the notice of this Forum as tot this case of the complainant the opposite parties 1 and 2 neither appeared before this Forum nor contested the case of the complainant filing any written version with any defense and thereby remained exparte.

4.       While such is so with the opposite parties 1 and 2 the complainant in substantiation of its case relied upon the documentary record in Ex.A1 besides to his sworn affidavit in reiteration of the complainant averments.

5.       Hence, the point for consideration is whether the complainant has made out the case of the deficiency of service on the part of the opposite parties 1 and 2 towards him entitled him for the reliefs sought.

6.       The Ex.A1 is the quotation/invoice No.33 dated 04-11-2003 of the purchase of the PCS Intel for Rs.26,576/- with 11 months validity, and that the  case was filed on 04-10-2004 i.e., exactly on the date of expiry of warranty period of 11 months from the date of the purchase of PCS Computers System i.e., on 04-11-2003.  Thus the facts so envisaged in Ex.A1, the complaint averments and the complainant’s sworn affidavit averments reiteration of its case are neither denied nor rebutted by the opposite parties 1 and 2 and hence there appears every bonafidies in the claim of the complainant.

7.       Therefore, in the above said circumstances and the cogent material available, the complaint is allowed directing the opposite parties 1 and 2 jointly and severally liable to pay the cost of the PCS Computer System of Rs.26,576/- with interest at 12% per annum  or replace the same as mentioned in the Ex.A1 invoice, in any case the opposite parties 1 and 2 are directed to pay Rs.5,000/- towards mental agony and Rs.500/- towards costs within a month from the date of receipt of this order.

          Dictated to the Stenographer, typed to the dictation, corrected by us, and pronounced in the Open Court this the 3^rd day of December, 2004.

          PRESIDENT

          MEMBER                                                                       MEMBER

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant :Nil                                     For the opposite parties :Nil

List of exhibits marked for the complainant:-

Ex.A1          Quotation invoice No.33 dated 04-11-2003.

List of Exhibits Marked for the opposite parties :- Nil

PRESIDENT

MEMBER                                                                                                    MEMBER