IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 25th day of March, 2014.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C. No. 169/2013 (Filed on 23.12.2013)
Between:
Alex David,
Mannoor House,
Pannyali Muri,
Omallur Village. … Complainant.
(By Adv. James Joseph)
And:
- Computer World,
Stadium Junction,
Pathanamthitta.
- Manager,
R.P. Infosystems Pvt. Ltd.,
Infotech Division,
Saras, Park Inn, Ground Floor,
BTR Lane, Melethampanoor,
Gandhari Amman Coil Road P.O.,
Thiruvananthapuram – 695 001.
- General Manager,
R.P. Infosystem Ltd.,
Aysha Tower, 43/2614,
K & K. 5, Sasta Temple Road,
Kaloor, Kochi – 682 018. … Opposite parties.
ORDER
Smt. K.P. Padmasree (Member):
The complainant filed this complaint against the opposite parties for getting a relief from the Forum.
2. Complainant’s case is that he had purchased a computer on 24.12.2010 from the first opposite party by paying Rs. 26,700/-. At the time of purchase of the computer, the first opposite party told that there is 3 years’ warranty for the computer. The said computer showed complaints on several occasions and it was intimated to the opposite party. But they have not taken any step for repairing the computer. The above said act of the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant and they were liable to the complainant. Hence this complaint for the realization of total amount of Rs.26,700/- or in the alternative for an order directing the opposite parties to deliver a new brand computer.
3. In this case, opposite parties are exparte.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the proof affidavit and Exts. A1 and A2. After closure of evidence, complainant was heard.
6. The Point: The allegation of the complainant against the opposite parties is that he had purchased a computer from the first opposite party which is having warranty for 3 years as told by the first opposite party and the complaint of the said computer within the warranty period is not repaired by the opposite parties. The above said acts of the opposite parties is a clear deficiency in service and hence opposite parties are liable to the complainant.
7. In order to prove the case of the complainant, the complainant filed a proof affidavit in lieu of his chief examination along with 2 documents.
On the basis of the proof affidavit, the said documents are marked as Exts. A1 and A2. Exts. A1 is the original invoice dated 24.12.2010 issued by the first opposite party in the name of the complainant showing the sale of the computer. Ext. A2 is the warranty card of the computer issued by the first opposite party.
8. On a perusal of Ext. A1 it is seen that the complainant had purchased a computer from the first opposite party on 24.12.2010. According to the complainant, the computer is having 3 year warranty. But in Ext. A2 warranty card it is clearly printed that the product is having only 12 month’s warranty from the date of installation. As per Ext. A2, the date of delivery is 23.12.2010, the date of installation is seen as 23.12.2010 and the date of expiry of warranty is 23.12.2013. The said entries in Ext. A2 cannot be considered as a conclusive evidence for the following reasons. The date of sale as per Ext. A1 is 24.12.2010. In the complaint and in the proof affidavit, the complainant had stated that he had purchased the computer on 24.12.2010. So the date of delivery and the date of installation shown in Ext. A2 as 23.12.2010 seems to be a fabrication. In the circumstances, we cannot find that the computer had warranty or 3 years and hence the complainant’s claim for 3 year warranty is not sustainable. Since the warranty of one year shown in Ext. A2 is expired as on 23.12.2011. Therefore, the complainant is not entitled to get any warranty benefit and hence the complaint is not allowable.
9. However, the complainant is entitled to get the computer repaired by the opposite parties on usual terms if he desires so and in that instance opposite parties are directed to repair the computer on usual terms.
10. In the result, this complaint is disposed accordingly with the above directions. No cost.
Pronounced in the Open Forum on this the 25th day of March, 2014.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant : Nil.
Exhibits marked on the side of the complainant:
A1 : Invoice dated 24.12.2010 issued by the first opposite party in the
name of the complainant.
A2 : Warranty card.
Witness examined on the side of the opposite parties : Nil.
Exhibits marked on the side of the opposite parties : Nil.
(By Order)
(Sd/-)
Senior Superintednent.
Copy to:- (1) Alex David, Mannoor House, Pannyali Muri,
Omallur Village.
- Computer World, Stadium Junction, Pathanamthitta.
- Manager, R.P. Infosystems Pvt. Ltd., Infotech Division,
Saras, Park Inn, Ground Floor, BTR Lane, Melethampanoor,
Gandhari Amman Coil Road P.O.,
Thiruvananthapuram – 695 001.
- General Manager, R.P. Infosystem Ltd., Aysha Tower, 43/2614,
K & K. 5, Sasta Temple Road, Kaloor, Kochi – 682 018.
(5) The Stock File.
