1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) The complainant Smt. Thresiamma, Palliparambil, Kattoor, Alappuzha (Sub Engineer, Electrical Division, Alappuzha) has filed this complaint before this Forum, alleging deficiency in service on the part of the opposite parties. The contention of the complainant is that she has purchased one assembled Computer from the 1st opposite party on 13.9.2005, after paying a sum of Rs.27,000/- towards its price. After that it became defective within 8 months and it was not properly working, and it has affected the computer education of her children. At the time of noticing the defects of the set the complainant contacted the 1st opposite party and requested to rectify the defects. As such, the 1st opposite party deputed its technical person to the complainant. The technical person has taken the one component from the set for rectification, and after one month he contacted the complainant and installed that component in the computer. He had also collected the defective component at that time from the set. This procedure followed up to 3.8.07. It is further contended that the technical person had collected a sum of Rs.1000/- from the complainant towards the cost of the mother board to be installed in the computer and he has not issued bill for the said amount to the complainant. It was within the period of warranty. Since the set was became defective, the complainant contacted the opposite parties office again and the opposite parties issued an undertaking to rectify the defects of the mother board or issue a new one. Since the opposite parties had not complied with the promises, the complainant have filed the complaint before this Forum seeking relief. 2. Notices were issued to opposite parties. It has returned with endorsement refused and addressee left. Considering their absence opposite parties set exparte on 26.2.2008. 3. Complainant has produced proof affidavit and produced 5 documents in evidence marked as Exts.A1 to A5. Ext.A1 is the specification chart of the product addressed to the complainant on 8.9.2005. It shows that the warranty period. Ext.A2 is the cash receipt No.365 dt. 13.9.05 after receiving a sum of Rs.27,000/- by the 1st opposite party. It shows that the 1st opposite party has fully collected the price of the set from the complainant. Ext.A3 is the undertaking written by the 1st opposite party on 3.8.2007 in favour of the complainant stating that they will rectify the defects or for a new one. Ext.A4 is the postal receipt and Ext.A5 4. Considering the contentions of the complainant this Forum has raised the issue whether there is any deficiency in service on the part of the opposite parties? 5. Upon perusing the complaint, proof affidavit and all the documents produced by the complainant in evidence and after a detailed hearing we are of the view that there is deficiency in service and unfair trade practice on the part of the opposite parties, and the complaint is to be allowed. In the result, we direct the opposite parties to pay the price of the set ie. Rs.27,000/- (Rupees twenty seven thousand only) to the complainant after collecting disputed set from the complainant and pay an amount of Rs.2500/- (Rupees two thousand and five hundred only) towards the cost of purchasing the mother board and for its service, and a compensation of Rs.5000/- (Rupees five thousand only) for mental agony and inconvenience. We further direct the opposite parties to pay the above said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 16th day of April, 2008. Sd/- SRI. K. ANIRUDHAN Sd/- SRI. JIMMY KORAH Sd/- SMT. N. SHAJITHA BEEVI APPENDIX:- Evidence of the complainant:- Ext.A1 - Specification of warranty period Ext.A2 - Receipt for Rs.27,000/- Ext.A3 - Undertaking written by the 1st opposite party on 3.8.2007 Ext.A4 - Postal receipt Ext.A5 - Acceptance letter dt. 7.10.07 Evidence of the opposite parties:- Nil
