By: Smt. Mini Mathew, Member
The complainant is the manager of Continuing Education Cell, Seethi Sahib Memorial, Polytechnic College, Tirur, functioning in Tirur Talauk. For the purpose of educating students in the institution the complainant purchased 8 Hitachi LCD Projector CPRx79 on 14-1-2011, and on 21-3-12 he purchased one Hitachi LCD Projector CPRX79 and on 19-6-12 he purchased one Hitachi LCD Projector CPRX82. He spent Rs. 3,51,806/- for the purchase of the above said products and 1st opposite party had issued bills for the sale of the above said products. The installation and maintenance were to be done by the opposite party No2 and opposite party No3. On 17-1-11 the second opposite party delivered LCD Projectors bearing machine SL Nos. HOJH 04807, HOJH 04421, HOJH 04456, HOJH 04469, HOJH 04470, HOJH 04078, HOJH 04464, HOJH 04435 and they were installed on 2-2-11 in the above said institution of the complainant. The remaining LCD Projectors were installed on March 2012 and June 2012. The opposite parties had offered a warranty of 2 years for the above said products.
Thereafter since the LCD Projectors installed by the opposite party No.2 become out of order and it did not function properly. Despite repeated requests the opposite party No1 did not care to replace the defective projectors but informed the complainant that it is the duty of the 2nd opposite party to get the projectors replaced. On 22-11-12 the complainant sent a detailed complaint to the opposite parties regarding his grievances and he requested the opposite parties to get them redressed. On 30-11-12 the representatives of the opposite parties came to the institution of the complainant and he took the LCD Projectors bearing machine Sl No. HOJH 04464, HOJH 04421, HOJH 04867, HOJH 04469, HOJH 04470, HIFI+32130 for getting them replaced and on 27-12-12 a representative of the second opposite party visited to the institution of the complainant and had been checked the remaining LCD Projectors. Thereafter the remaining 4 LCD Projectors also went out of order. This matter was also informed to the 1st opposite party by E-mail on 2-1-13. Even though he defects were developed with in the warranty period the opposite parties have not taken any steps to get the Projectors repaired or get them replaced. Till this day the opposite parties have not care to return the products taken from the complainant nor had they taken any steps to get them repaired.
Since the projectors were not working the education of the students was badly affected classes
could not be conducted regularly for preparing students for the semester Examination and there by the complainant's institution suffered a loss of Rs. 5 lakhs. Moreover the complainant was compelled to purchase ETSON LCD Projectors by spending an amount of Rs.4 lakhs.
Notice was issued to opposite parties from this Forum through registered post. Notice for opposite party No1 returned with an endorsement “ Addressee Left” present address not known' Subsequently complainant furnished present addressee before us and notice sent in current address but that was also not served to opposite party No1. Opposite party No2 and opposite party No3 appeared before this Forum and filed vakalath also on 21-10-13. Even though several chances had been given for filing version they did not turn up and not filed their version. So name of the opposite parties called and set ex-parte. Complainant filed chief affidavit and documents was marked as Ext. A1 to A12. Claim proved. No contra evidence was adduced on the side of the opposite parties.
The complainant paid the full amount of Rs. 3,51,806/- and purchased 10 LCD Projectors from the shop of opposite party No1 and all the defects were noted within the warranty period. So the complainant is a consumer. The act of the opposite parties made the complainant and his institution much difficulty and hardship. But the opposite parties never made a situation for an amicable settlement. The complainant was put to suffer much mental agony and monetary loss since there was no proper reply or information from the opposite parties and his staff. So the services rendered by the opposite parties were poor and that has to be adequately compensated.
In the result, we order that all the opposite parties are jointly and severally liable for the deficiency of service and the opposite parties are directed to refund the price of the equipments,ie Rs. 351806/- to the complainant along with a compensation of the 10,000/- for the mental agony that the complainant suffered and the complainant shall return the 4 LCD Projectors to the opposite parties as and when they required. The order shall complied with in one month of the receipt of he copy of this order
Dated this 28th day of August , 2014
Sd/-
K.MOHAMMED ALI , PRESIDENT
Sd/-
R.K.MADANAVALLY , MEMBER
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MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A12
Ext.A1 : Photo copy of Service request dated 03/01/2013
Ext.A2 : Reply of service request dated 02/01/2013
Ext A3 : Service request dated 22/11/2012
Ext A4 : Replay to service request dated 22/11/2012
Ext A5 : Installation Note issued by HCL
Ext.A6 : Installation Note issued by HCL
Ext.A7 : Installation Note issued by HCL
Ext A8 : Installation Note issued by HCL
Ext A9 : Retail invoice issued by 1st opposite party dated 19/01/2012
Ext A10 : Retail invoice issued by 1st opposite party dated 21/01/2012
Ext A11 : Kerala value added Tax rules Sale invoice receipt, dated 14/ 01/2011
Ext A12 : Kerala value added Tax rules Sale invoice receipt, dated 14/ 01/2011
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
Sd/-
K.MOHAMMED ALI , PRESIDENT
Sd/-
R.K.MADANAVALLY , MEMBER
Sd/-
MINI MATHEW, MEMBER
