KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

APPEAL 105/2007

JUDGMENT DATED: 2.7.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

SRI.S.CHANDRAMOHAN NAIR     : MEMBER

M/s Hykon India (P) Limited,              : APPELLANT

City Memorial Building,

Bab Road, Ernakulam North,

Rep. by authorized officer

Mr.Davis Antony.K., S/o K.D.Antony.

(By Adv.George Cherian Karippaparambil)

                 Vs.

Fr.Jose Plathottathil,                           : RESPONDENT

Principal,

De Paul English Medium Higher Secondary

School, Rajamudi.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

          The appellant is the opposite party in CC.190/06 in the file of CDRF, Idukki.  The appellant is under orders to demonstrate the functioning of 2 UPS supplied to the complainant by connecting 11 computers each within one week failing which to refund Rs.55,000/- with interest at 12% from the date of complaint and cost of Rs.2000/-.

          2. The case of the complainant is that the 2 UPS of 3KV each supplied for a sum of Rs.55000/- assuring that  11 computers can be connected to each of the UPS failed to work the computers.

          3. On the otherhand the opposite parties have contended that the alleged nonfunctioning of the 11 computers was on account of  erratic electrical supply and insufficient voltage.

          4. The evidence adduced consisted of the testimony of PW1,DW1 Exts.P1,P2 and R1.

          5. It is the contention for the counsel for the appellant that the reason for the nonfunctioning of the particular number of computers was on account of fluctuating and low electric supply and defective wiring. The same is mentioned by the service personnel and the same has been acknowledged by the Principal of the complainant institution on the reverse of Ext.P2 check report that the opposite parties have produced as Ext.R1 said to be the original of  Ext.P2.  There is no  writing on the reverse of Ext.P2 but the report of the service personnel is written on the reverse of Ext.R1 and there are signatures of the above person who was examined as DW1 and also another signature alleged to be that of the Principal the genuineness which has been disputed.  All the same we find that it has been admitted that  each UPS is sufficient for functioning of 6 computers each. Voltage fluctuation ought to have been taken into consideration by the opposite parties at the time of installation of the UPS.  The defective wiring if any ought to have been noted and got rectified at the time of installation.  All the same we find that the direction to refund the entire cost of the 2 UPS is unjust.  In the circumstances the order of the Forum is modified to the following effect: the appellant is directed to refund Rs.25000/- to the complainant with in 2 months from the date of receipt of this order failing which complainant would be entitled for interest at 12% from today.  The direction to pay cost is sustained.  The appeal is allowed in part as above.

          Office will forward the LCR alongwith the copy of this order to the Forum urgently.

          JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

          SRI.S.CHANDRAMOHAN NAIR     : MEMBER

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