BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL
Present: Sri.Y.Reddappa Reddy, M.A., L.L.M., President,
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Monday the 13th day of April, 2015
C.C.No.21/2015
A.Siva Nagi Reddy,
S/o Siva Reddy,
D.No.12-27,
Kothapeta,
Vinayaka Temple Street,
Dhone-518 222,
Kurnool District. …Complainant
-Vs-
1. Akhil Computers,
Represented by its Proprietor, Kishore,
S.No.40/326, Upstairs,
Beside Corporation Bank,
Gandhi Nagar,
Kurnool-518 001.
2. HCL Technologies Corporation Office,
Represented by its Manager,
3rd Floor, Ashok Bhoopal Chambers,
Shop No.1/8/271 to 301,
S.P.Road, Secunderabad-500 003. … OPPOSITE PARTIES
This complaint is coming on this day for orders in the presence of Sri.S.Chand Basha, Advocate for complainant and opposite parties No.1 and 2 called absent and set exparte, the Forum made the following.
ORDER
(As per Smt. S.Nazeerunnisa, Lady Member)
C.C. No.21/2015
1. This complaint is filed under section 12 of Consumer Protection Act, 1986 praying:-
a) To direct the opposite parties to replace the new computer in the place of old defective computer or to pay Rs.33,100/-cost of the computer.
b) To grant interest at 24 % per annum from the date of problem i.e., dated 03.08.2013 till the date of realization.
c) To grant damages of Rs.50,000/- for mental agony.
d) To Such other relief as the Honourable Court deems fit and proper in the circumstance of the case.
2. The case of the complaint in brief runs as follows:- On 03.08.2013 the complainant purchased HCL Company Computer Model No.PDC/2/500 from opposite party No.1 for an amount of Rs.33,100/-. The opposite party No.1 issued Cash Bill cum Warranty for a period of 3 years from the date of purchase. But the said computer was not working properly. The complainant complaint the same to opposite party No.1 and handover it for repairs and opposite party No.1 issued Job Card dated 10.09.2014. As the total system has problem the opposite party No.1 stated that, the computer was sent to opposite party No.2 company for rectification, for that the opposite party No.1 collected a sum of Rs.15,000/- towards repairs charges. The complainant approached opposite party No.1 to take back his computer, but opposite party No.1 did not respond. Then the complainant made a call to opposite party No.2 and the opposite party No.2 Registered a complaint No.8504980886 through phone call. The complainant made calls to opposite party No.2 several times but there was no response from opposite party No.2. At last the complainant issued legal notice on 27.11.2014 to opposite parties and requested them to replace the defective computer with new one but the opposite parties neither replace it nor had given any reply to the said notice. The opposite parties did not rectify the defects in computer or returned to the complainant. There is deficiency of service on the part of the opposite parties and caused mental agony to the compliant.
3. Inspite of notices served on them, the opposite parties did not choose either to appear or file any written version on behalf of them. Hence the opposite parties remained exparte. .
4. On behalf of the complainant Ex.A1 to Ex.A4 are marked and sworn affidavit of the complainant is filed.
5. Complainant filed Written Argument.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of opposite parties?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii: It is the case of complainant that the complainant purchased HCL Company Computer Model No.PDC/2/500 form opposite party NO.1 for an amount of Rs.33,100/- under the Tax Invoice No.C00097,dated 03.08.2013 it is marked as Ex.A1. The opposite party No.1 issued warranty for a period of 3 years for Desk Top and Monitor and UPS for 2 years and printer for one year under the said cash Bill Ex.A1. But the computer was not working properly. On 10.09.2014 the total system problem was not working, the complainant handed over it to opposite party No.1 and opposite party No.1 issued Job Card dated 10.09.2014 by mentioning the above said problem. It is marked as Ex.A2. The opposite party No.1 collected Rs.15,000/- from the complainant by stating that the computer was sent to opposite party No.2 company for rectifying the defects in computer. The complainant approached opposite party No.1 to take back his computer, the opposite party No.1 gave evasive reply. The complainant made call to opposite party No.2 and registered a complaint No.8504980886 in regard to his computer. The opposite party No.2 also did not gave any response to his calls after wards. The complainant issued Legal notice dated 27.11.2014 to opposite parties. But the opposite parties did not choose to either to gave reply or replace the computer. The Legal notice is marked as Ex.A3 and acknowledgements are marked as Ex.A4.
8. The learned counsel appearing for the complainant contended that though the complainant approached several times and requested to opposite party No.1 and made a call and registered a complaint to opposite party No.2 and issued legal notice to both the opposite parties. The opposite parties neither gave any reply nor rectified the defect in computer or returned it to the complainant it amounts to deficiency of service on the part of opposite parties. The contentions raised by the complainant are not denied by the opposite parties by filing written version on behalf of them. Thus the case of the complainant is deemed to be admitted.
As seen from Ex.A1 it is evident that the complainant purchased HCL Company Computer Model No.PDC/2/500 from opposite party No.1 for an amount of Rs.33,100/- dated 03.08.2013. As per EX.A2, dated 10.09.2014 it is clear that the total system problem arose in that computer and it was handed over it to opposite party No.1 for repairs. But opposite parties did not repair it. So the complainant issued legal notice to both the opposite parties under Ex.A3 dated 27.11.2014. Though the notice received by the opposite parties under Ex.A4. The opposite parties did not take steps either to gave reply or to returned the computer. The material placed on record clearly establishes that there is manufacturing defect in the said computer which was sold to the complainant by opposite party No.1 under Ex.A1 and it started to giving troubles within a warranty period and the complainant used to bring the defects with which he suffered which were brought to their notice, but the opposite parties did not rectify the defects to the satisfaction of the complainant. Thus there is a deficiency of service on the part of opposite parties and caused mental agony to the complainant.
9. POINT No.iii: The complainant prayed to replace the new computer in the place of old defective computer or to pay price amount of Rs.33.100/- with 24% and further prays for damages of Rs.50,000/- for mental agony. Basing on the facts and material placed on record we hold a view that the complainant is entitled for price amount of Rs.33,100/- with 9% interest or to replace the new computer with similar model and further entitled for compensation of Rs.5,000/- for mental agony.
10. In the result, the complaint is partly allowed directing the opposite parties jointly and severally liable to pay price amount of computer Rs.33,100/- with interest 9% from the date of complaint i.e. 11.02.2015 till the date of payment or replace the computer with new one with similar model and further direct to pay compensation of Rs.5,000/- towards mental agony and Rs.1,000/- as cost of the case.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 13th day of April, 2015.
Sd/- Sd/-
LADY MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties: Nil
List of exhibits marked for the complainant:-
Ex.A1 Purchase Bill Invoice No.C000957 dated 03.08.2013 for Rs.33,100/-.
Ex.A2 Service Job Card No.171 dated 10.09.2014.
Ex.A3 Office copy of Legal Notice dated 27.11.2014.
Ex.A4 Postal Acknowledgements (Nos.2).
List of exhibits marked for the opposite parties:- Nil
Sd/- Sd/-
LADY MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
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Complainant and Opposite parties :
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