By Jayasree Kallat, Member. The petition was filed on 06.04.2010. The complainant had purchased a desktop computer from the opposite parties on 15.01.2009. Complainant had also availed on set warranty for one year by paying an extra amount of Rs.500/-. Computer system became defective by nine months of purchase. During the month of October complainant informed the opposite party regarding the defects in the computer. Opposite party did not attend the complaints of the petitioner. After several telephone calls, opposite party had sent one of their staff to check the computer. Certain parts of the computer like Mother board, Processor, RAM, SMPS etc. were dismantled and taken away by the opposite party. The opposite party did not return back the damaged parts to the complainant till date. The complainant has filed a petition before the forum seeking relief. Notice was sent to the opposite party, as the opposite party did not appear before the forum even after serving notice warrant was issued to opposite party. The warrant also was returned with endorsement the shop was closed. Opposite party was called absent and set exparte. The complainant was examined as PW1. Ext. A1 to A3 were marked on complainant’s side. Ext.A2 shows that parts of the computer like the Mother board, Processor, Ram, SMPS were returned to the opposite party. The case of the complainant is that opposite party has not returned back the defect parts taken away even after a long period. Without the parts the complainant can not use the computer. Ext. A3 was produced by the complainant to show that the computer parts taken away by the opposite party will cost Rs.8500/-. It is a quotation from a firm dealing in computer and computer parts. From the evidence and documents, the case of the complainant is proved. We are of the opinion that not returning the repaired parts of the computer, or replacing the defective parts with new ones is deficiency on the part of the opposite party. In the result the petition is allowed and opposite party is directed to pay the complainant Rs.8500/-, cost of the parts taken away from the complainant’s computer along with a compensation of Rs.2000/-. Opposite party is directed to pay the amount within one month from the date of receipt of the copy of the order. Pronounced in the open court this the 30th day of July 2010. Date of filing: 06.04.2010 SD/-PRESIDENT SD/- MEMBER SD/-MEMBER APPENDIX Documents exhibited for the complainant: A1. Photo copy of Cash credit invoice No.12432 dtd. 05.01.2009. A2.Return receipt of Technomake dtd. 16.12.09. A3. Letter dtd 29.05.10 of Esquire Associates with quotation. Documents exhibited for the Opposite party: Nil Witness examined for the complainant: PW1. Ratheesh. K.M (Complainant) Witness examined for the opposite party: None. Sd/- President //True copy// (Forwarded/By order) SENIOR SUPERINTENDENT
| | [HONOURABLE MRS. Jayasree Kallat, MA.,] Member[HONOURABLE MR. G Yadunadhan, BA.,LLB.,] PRESIDENT[HONOURABLE MR. L Jyothikumar, LLB.,] Member | | 
