KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  No. 331/2019

                              JUDGMENT DATED: 08-07-2010

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU    :  PRESIDENT

SHRI. S. CHANDRA MOHAN NAIR        : MEMBER

APPELLANT

Friends Systems,

TC. 27/2253(2), Near Leena Bakery,

Represented by Proprietor Mr. Shiby,

Statue Road, Thiruvananthapura.

(Rep. by Adv. Sri. G.S. Sanalkumar &

Sri. V.S. Sajan Prasad )

          Vs

RESPONDENT

Binu. K.S.,

Eminence, ‘Sreepadam’, Ganapathikovil Road,

Vazhuthacadu, Thiruvananthapuram.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

Appellants are the opposite parties/suppliers of computers in CC.65/09 in the file of CDRF, Thiruvananthapuram.  The appellant is under orders to refund the price of the computer ie Rs.20,500/- and to pay Rs.5000/- as compensation and Rs.3500/- towards the cost of the proceedings. 

It is the case of the complainant that he purchased the computer system from the opposite party in February 2009 for a sum of Rs.20,500/- vide bill No.1137.  It was an assembled computer system.  After one week of purchase the system started developing trouble. UPS was replaced twice.  On 17/3/2009 the monitor became faulty.  The software was installed by the opposite parties.  

The opposite parties have contended that it was on account of installation of pirated software by the complainant that the system became defective.

The evidence adduced consisted of the testimony of PW1, Ext.P1 and C1.

It is seen from the order that the system was examined by an expert and his report is marked as Ext.C1.  It is evident from Ext.C1 that the system is not working properly.  The commissioner has also observed that the opposite parties might have loaded pirate operating system and other supporting softwares and that it is not possible for the complainant to upload an operating system because there is no CD/DVD drive in the system.  Further the opposite parties have not adduced any evidence.

In the circumstances we find that there is no scope for admitting the appeal.

All the same the order of the Forum is modified to the effect that on payment of the amounts ordered by the Forum the complainant will return the computer and the accessories supplied to the opposite parties.

In the result the appeal is dismissed in-limine as above.

The office will forward copy of this order to the Forum.

                                   JUSTICE K.R. UDAYABHANU:  PRESIDENT

VL.                                 S. CHANDRA MOHAN NAIR: MEMBER