THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.119/2013
Dated this the 30th day of November 2013.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By L.Jyothikumar, Member:
The case of the complainant is that he had purchased a computer with printer for an amount of Rs.28,800/- on 23.06.2012. The cost of the printer was Rs.3950/-. Printer became defective from the beginning itself. The same complaint was repeated even after repairing. Complainant had contacted the opposite party on several occasions. But opposite party did not take any steps to redress the grievance of the complainant. Hence this petition is filed seeking relief.
Notice issued to the opposite party was served. Opposite party was present on 26.04.2013. subsequently opposite party did not appear before the forum or file any version denying the averments in the complaint. On 23.07.2013 opposite party was called absent and set exparte.
Complainant was examined as PW1 and Exts.A1 to A3 were marked on complainant’s side. . Ext.A3 documents shows the value of the printer .It is the case of the complainant that the printer purchased from the opposite party became defective and showed complaints even after repairing. According to the complainant the printer was repaired repeatedly a number of time .Because of the negligence of the opposite party and not repairing the printer, the complainant had suffered financial loss and mental agony. Complainant is alleging negligence and deficiency in service on the part of the opposite party. Opposite party has not appeared before the forum to state their version. The attitude of the opposite party by not appearing before the forum shows the negligence. Opposite party has been arrogant by neglecting the notice issued from the forum. The forum is of the opinion that opposite party has not attended the complaints of the petitioner in a proper manner. Hence we have come to the conclusion that there was negligence and deficiency in service on the part of the opposite party and for the same reason this complainant is entitled for relief.
In the result the petition is allowed and opposite party is directed to refund Rs.3950/-(Rupees Three thousand nine hundred and fifty only) the price of the printer along with a compensation of Rs.250/-(Rupees two hundred and fifty only) to the complainant within one month of receiving the copy of the order. Failing which complainant is entitled for an amount of Rs.10/-(Rupees ten only) per day till realization. After paying the amount opposite party can took back the printer from the complainant.
Pronounced in the open court this the 30th day of November 2013.
Date of filing:20.03.2013.
SD/- PRESIDENT SD/-MEMBER SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Photocopy of the cash bill No.428 dtd.23.06.2012 for Rs.28,800/-
A2. HP Printer Limited Warranty statement.
A3. Copy of the quotation bill issued by Yohana computers dtd.08.06.2013.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1. Pushpanandan.A.P.(Complainant)
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
