BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 117/2008 Filed on 30.05.2008

Dated : 15.10.2009

Complainant:

Ansari, S/o Jaffar Ali, Proprietor, Designs, T.C 37/946/48, Attukal Shopping Complex, Fort, Thiruvananthapuram.

(By adv. Anithas Jacob)

Opposite parties:

1. Customer Care Executive, H.P India Sales Pvt. Ltd. No. 24, Salarpurai, Areena Hossur Main Road, Adugodi, Bangalore-560 030.

    

2. Managing Director, Cosmol Private Ltd, T.C 15/1414, Air Road, Vazhuthacaud, Thiruvananthapuram.

    

3. Proprietor, M/s Nortech Infonet Pvt. Ltd., Krishar, T.C 17/2054, Poojappura, Thiruvananthapuram.

This O.P having been heard on 06.10.2009, the Forum on 15.10.2009 delivered the following:

ORDER

SMT. S.K.SREELA : MEMBER

The grievance of the complainant is the following: The complainant for his business purpose had purchased one HP Compaq Laptop on 07.04.2007 for Rs. 55,000/- for which one year warranty and prompt service were promised by 2^nd opposite party. But within a short period of purchase, the laptop became malfunctioning and the service centre returned the laptop with the opinion that there is only battery complaint and the same will be replaced at the expense of the company as it occurred within the warranty period. Though the complainant contacted the 2^nd and 3^rd opposite parties for replacement of the battery, the opposite parties evaded the same on lame excuses and hence this complaint.

Inspite of acceptance of notice from the Forum, opposite parties 1 to 3 never turned up to contest the case, nor have they filed any versions challenging the allegations levelled against them. Hence opposite parties were set exparte.

The complainant has filed affidavit and marked Exts. P1 to P5 to prove his case.

As per Ext. P1 it could be seen that an amount of Rs. 16,000/- has been received from the complainant by the 2^nd opposite party. Ext. P2 is only an invoice for a Compaq Laptop which comes to Rs. 55,000/-. But the complainant has not produced the price of the battery. The lawyer's notice sent to the opposite parties on behalf of the complainant on 24.04.2008 proves that the battery of the laptop became defective during the warranty period itself and the same was brought to the notice of the opposite parties in time. Further the complainant has pleaded that, on 20.03.2008, he has been provided with a log in No. 260064561 by the 3^rd opposite party regarding his complaint. The above allegations have not been challenged by the opposite parties. The complainant has not been cross examined and hence his affidavit also remains unchallenged. In view of the above we find no reason to disbelieve the complainant and the complainant has succeeded to establish his complaint against the opposite parties.

In the light of the above discussions, we conclude that there is deficiency in service on the part of the opposite parties in not rectifying the defects in the laptop.

In the result, the complaint is allowed. Opposite parties are directed to replace the defective battery in dispute with a new defect free one within a period of one month from the receipt of the order failing which price of the same shall be refunded to the complainant if replaced by the complainant at his expense. The opposite parties shall also pay a compensation of Rs. 3,000/- and cost of Rs. 1,000/- to the complainant.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of October 2009.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

C.C. No. 117/2008

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Cash receipt dated 07.04.2007 for Rs. 16,000/- issued by

the 2^nd opposite party.

P2 - Copy of invoice dated 09.04.2007 for Rs. 55,000/- issued

by the 2^nd opposite party.

P3 - Copy of advocate notice dated 24.04.2008.

P4 - Postal receipts ( 3 Nos.)

P5 - Acknowledgement cards ( 3 Nos.)

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT