BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                             C.C.No: 108/2016     Filed on 02/03/2016 

                                           Dated: 01..07..2016

Complainant:

Binoy Krishna, Thondipurath House, Chemanchery-P.O., Chemanchery – 673 304, Koyilandy, Kozhikode.

                    (Party in person)

Opposite parties:

1. Manager, Ample Technologies Pvt. Ltd., 91/16^th A Main 10^th Cross, R.T Nagar, Bangalore – 560 032.

2. Managing Director, Imagine, F,58, First Floor, LULU International Mall, Edapally, Kochi – 682 024.

3. Proprietor, INDSYS (Authorised Service Provides), TC.2/2444, Srishti, Pattom Palace Junction, Thiruvananthapauram – 695 004.

This C.C having been heard on 25..05..2016, the Forum on 01..07..2016  delivered the following:

ORDER

SMT. LIJU B. NAIR, MEMBER:

          Case of the complainant is as follows: He is a student doing his graduation in Fine Arts. He purchased a Laptop for his study purpose for an amount of Rs.58,900/- from the 2^nd opposite party. The original cost of the said Laptop was Rs.78,900/- and there was an offer for Rs.58,900/- upto 28/03/2015. Since he was not able to reach Ernakulam on 28/03/2015, he was asked to pay Rs.60,000/- to the 1^st opposite party before the expiry of the offer by the staff of the 2^nd opposite party. When it was demonstrated it was very slow in booting. He was told that since it was opened for the first time, so much time is taken. But even after that also, it took a lot of time to boot. Then after using it for 2-3 weeks battery got discharged. So he approached the 3^rd opposite party for getting it corrected. They replaced the battery. But the same problem persists. Then there developed problems with display. Again he approached 3^rd opposite party for rectification. This time the complainant demanded for replacement. Since the Laptop is within the warranty period and several complaints are there which cannot rectified by the 3^rd opposite party. But they were reluctant to do so stating that these are minor defects. So he approached this Forum claiming replacement along with compensation for the loss of comfort with the Laptop.

          2. Notice was issued to all the opposite parties. But they failed to appear and so they were set exparte.     

          Issues raised:

          (i) Whether the complainant is eligible to get the Laptop replaced?

(ii) Reliefs and costs if any?

          4. Issues (i) and (ii):  Complainant approached this Forum claiming replacement of the defective Laptop which is now in his custody, sold by the 2^nd opposite party and serviced through 3^rd opposite party. Though several allegations are raised against the opposite parties, opposite parties failed to appear before us or never contradicted the statements of the complainant. So the complainant is eligible to get a replacement for his defective set. We are believing the statements made by the complainant. The Laptop was purchased by the complainant, for his study purpose, which was an utter failure in its performance So for the loss of purpose, complainant is eligible for compensation which we fix as Rs.5,000/-. Considering the circumstances of the case, no order on cost.

          In the result, complaint is allowed. Opposite parties are jointly and severally ordered to replace the defective Laptop of the complainant with a brand new one of the same configuration within 2 months of receipt of this order. If, this not possible opposite parties are jointly and severally ordered to refund Rs.59,899/- to the complainant within the same time limit. Rs.5,000/-is ordered as compensation to be paid by the opposite parties. No order as costs.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 1^st day of July, 2016.      

                    Sd/-LIJU B. NAIR :         MEMBER

 Sd/- P. SUDHIR            :         PRESIDENT

Ad                          sd/- R. SATHI                 :         MEMBER

C.C.No: 108/2016

APPENDIX

   I.  Complainant’s witness        :         N I L

 II. Complainant’s documents:

          P1(a)  :         Copy of Invoice bill of Imagine dated 28/03/2015

          P1(b) :         Copy of bill of Axis Bank dated 28/03/2015

          P2(a)  :         Copy of service report INDSYS  dated 04/08/2015

          P2(b) :         Copy of service report INDSYS dated 18/11/2015

          P2©   :         Copy of service report INDSYS dated 02/11/2015

          P3      :         Copy of SBT card dated 27/03/2015

III. Opposite parties’ witness               :         N I L

 IV. Opposite parties’ documents         :         N I L

Sd/-  PRESIDENT

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