CONSUMER DISPUTES REDRESSAL FORUM    PALAKKAD

Dated this the   30^th  day of September 2014

PRESENT :  SMT. SEENA. H, PRESIDENT

                 :  SMT.  SHINY. P.R, MEMBER

                 :  SMT. SUMA. K.P, MEMBER                                 Date  of filing:13/11/2013

                                                            CC /  191 / 2013

K.Mohanasundaram,

S/o.A.Krishnan,                                                      :           Complainant

5/46 Bhagavathi Temple Street,

East Village, Peruvemba,

Palakkad- 678 531

(Party in Person)

                                                               Vs

1.  Authorised Signatory,

     Pantel Technologies Pvt Ltd,                          :           Opposite parties

     E-33 1^st Floor, Sector 63,

     Noida, Uttarpradesh – 201 301

1. A.P.Kumar,

Service Engineer,

Znex Telecom, PSPI-264,

14/200-20, 2^nd Floor NS Tower,

Near Stadium Bus Stand,

Palakkad- 678 001.

      (Party in Person)

O R D E R

BY SMT. SEENA.H,  PRESIDENT

Complaint in brief:

Complainant purchased one internet tablet bearing SL No.1331220408748 model no:IS703C from 1^st opposite party on payment of Rs.6499/- through Punjab National Bank on 05/09/2012.  The grievance  of the complainant is that after three months of purchase itself the tablet began to show problems like display problem, over heating and delay is starting windows etc.  Complainant contacted manufacturer’s authorized collection centre, 2^nd opposite party and handed over the tablet for repairs on 28/12/2012.  The same was handed over after 3 months without rectifying the whole problems.  It was again handed over to 2^nd opposite party for repairs.  It was returned after 4 months without any rectification complainant with no other option has again  handed over the tablet to 2^nd opposite party.  Even after seven months complainant has not received the tablet repaired.  Complainant has purchased the tablet for his official purposes, but he could not use the same.  Hence the complaint.  Complainant prays for an order directing the opposite parties to  pay an amount of Rs.6,499/-  being the cost of the tablet along with Rs.1,04,000/- as  compensation for mental agony.

1^st opposite party set exparte. Though 2^nd opposite party was present in person, no version or affidavit was filed.

Complainant filed chief affidavit and documents marked as Ext.A1 to A7.  Issues for consideration.

1.  Whether the internet tablet supplied to the complainant is a defective one ?
2. If so,  what is the relief and cost entitled to the complainant?

ISSUES 1 &2

Payment of the amount to 1^st opposite party through Punjab National Bank is born out by Ext.A1.  Receipt of the amount by 2^nd opposite party is born out by Ext.A2.  Ext.A5 evidences.  The fact that within 3 months of purchase itself the tab was handed over to 2^nd opposite party with complaint of display.  Ext.A6 which is the letter issued by 2^nd opposite party to the complainant, it is stated that the tablet is still in their possession.

As per Section 2(1)(f) defect means as any fault imperfection or shortcoming in the quality, quantity, potency or standard is required to be maintained by or under any law for the time being in force or is claimed by the trader in any manner whatsoever in relation to any goods.

The evidence on record shows that the product supplied to the complainant is a defective one.  No evidence is adduced by the opposite parties contradicting the one adduced by the complainant.

In the result complaint allowed.  Opposite parties jointly and severally directed to pay complainant an amount of Rs.10,000/- (Rupees Ten thousand only)  as compensation and Rs.1,000/-(Rupees One thousand only)  as cost of the proceedings.

          Ordered amount shall be paid within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.

            Pronounced in the open court on this the 30^th   day of September 2014

                                                                                                            Sd/-

                                                                                                            Smt. Seena. H

                                                                                                              President

                                                                                                            Sd/-

                                                                                                            Smt. Shiny. P.R

                                                                                                              Member

                                                                                                            Sd/-

                                                                                                            Smt. Suma. K.P

                                                                                                               Member

A P P E N D I X

Exhibits marked on the side of the complainant

Ext.A1  -  Depositor copy of Punjab National Bank dt.05/09/2012

Ext.A2 – Payment confirmation mail dt.06/09/2012.

Ext.A3 – Product dispatching detail of Pantel Technologies Pvt.Ltd dtd.30/09/2012

Ext.A4- Invoice of Pantel Technologies Pvt. Ltd  dt.22/09/2012

Ext.A5- Jobsheet of Znex Telecom dt.28/12/2012

Ext.A6-Letter of Znex Telecoms to the complainant

Ext.A7-Tablet complaint legal action intimation dtd.19/06/2013

Cost allowed

Rs.1,000/-/-(Rupees One thousand only  )