BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 22/11/2014

Date of Order : 26/02/2015

Present :-

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 861/2014

Between

And

O R D E R

V.K. Beena Kumari, Member.

1. A brief statement of this complaint is as follows :-

On 13-12-2011, the complainant purchased a Dell monitor (Model No. E 190s-19” Serial CN – OG 530 N-72872-141-AJAI from the 2^nd opposite party, which product is manufactured by the 1^st opposite party at a price of Rs. 7,072/-. The 1^st opposite party manufacturer provided 3 years warranty for the product from the date of purchase. Since last three months, the monitor displayed black spots on the screen and was not working properly. The complainant registered a complaint over customer care number, but there was no response from the company. E-mail communications were also sent to the manufacturer company and when the company engineer examined the monitor, he made the following remarks, “Dust inside the panel (Rejection)”. The service response from the company was too bad and hence this complaint filed before this Forum seeking direction against the opposite parties to replace the monitor and to pay Rs. 90,000/- towards compensation for the mental agony and for the inconveniences caused to the professional work of the complainant.

2. The notice issued to the 1^st opposite party was not returned, even after two months and the notice served on the 2^nd opposite party was not responded. Hence this complaint is disposed ex-parte. The complainant adduced no oral evidence. The documentary evidence furnished were marked as Exts. A1, A2 and A3 series. The complainant was heard.

3. The issues to be decided in this case are as follows :-

1. Whether the complainant is entitled to get the monitor replaced with a new one?

    

2. Whether the opposite parties are liable to pay compensation of Rs. 90,000/- to the complainant?

4. Point No. i. :- The complainant purchased Dell 10' (P1905) SQR Monitor from the 2^nd opposite party as evidenced by Ext. A1 invoice dated 13-12-2011 for Rs. 6,800/- plus 20% VAT thereon ie. for Rs. 9,520/-. The complainant contended that the monitor started showing black spots on the screen and the said defect was not cured in spite of specific complaint registered with the 1^st opposite party. The repair order form filed by the complainant vide Ext. A2 shows that the complainant's monitor was inspected on 13-11-2014 by the personnels of the manufacturer, but the complainant was not provided with any service, so as to cure the defects of the monitor. The act of the opposite parties amounted to sheer deficiency in service on their part. It is noted that the complainant has not established any manufacturing defect in the monitor purchased by him by adducing necessary evidences. Therefore, we are not in a position to direct the 1^st opposite party to provide a new monitor by replacing the defective monitor. However, the complainant is entitled to get the monitor repaired free of cost, since the defects in the monitor were found during the warranty period.

5. Point No. ii. :- The complainant contended that due to poor services on the part of the opposite parties, he could not complete many of his professional work in time. It is seen that the complaint had duly registered his complaint with the 1^st opposite party as evidenced by Ext. A2 repair order form. But the genuine grievance of the complainant was not redressed by the opposite parties. The complainant has had to approach this Forum to redress his genuine grievance. The deficiency in service on the part of the opposite parties calls for compensation and costs of the proceedings. We fix it at Rs. 10,000/- and Rs. 2,000/- towards compensation and costs of the proceedings respectively.

6. In the result, we partly allow the complaint and direct as follows :-

1. The 1^st opposite party shall repair the defective monitor purchased from the 2^nd opposite party free of costs and shall return the same in a good working condition. The complainant shall produce the defective monitor in authorised service centre of the 1^st opposite party for getting it repaired free of cost.

2. The opposite parties shall jointly and severally also pay Rs. 10,000/- towards compensation and Rs. 2,000/- towards costs of the proceedings to the complainant.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 26^th day of February 2015.

Sd/- V.K. Beena Kumari, Member.

Sd/- Sheen Jose, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil