IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 30th day of May, 2013
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C. No. 35/2013 (Filed on 20.03.2013)
Between:
C.N. Omanakuttan,
(Music Teacher, St. Geroge-
Mount High School,
Kaipattoor), Valiyathu-
Kizhakkethil,
Payyanallur Muri,
Mavelikara Taluk.
(By Adv. P.K. Ramachandran Nair) … Complainant.
And:
1. General Manager,
R.P. Infosystems Pvt. Ltd.,
Aysha Tower, 43/2614,
K & K-5, Sasta Temple Road,
Kaloor, Kochi – 682 018.
2. Manager,
R.P. Infosystems Pvt. Ltd.,
Info Tech Division,
Sara Park Inn, Ground Floor,
BTR Lane, Melethampanoor,
Gandhi Amman Covil Road P.O.,
Thiruvananthapuram – 695 001.
3. District Co-ordinator,
IT@ School,
DIET Building, Thiruvalla. … Opposite parties.
ORDER
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.
2. The case of the complaint in brief is as follows: The complainant is a music teacher of St. George Mount High School, Kaipattoor. He booked a laptop of the first and second opposite parties on 09.02.2011 by paying an amount of Rs.1,500 as advance under ICT Scheme of the State Govt. during the trade fair conducted at Govt. Higher Secondary School, Omalloor. As per the said booking, opposite parties 1 and 2 delivered the said laptop to the complainant on 09.05.2011 at Thiruvalla Diet IT school in the presence of the third opposite party. At the time of delivery, the balance price of Rs. 17,770/- was also given to the first opposite party. Opposite parties also issued receipts for the advance and the other payment. On 16.08.2012, the said laptop showed complaint of non-display in the monitor. The matter was intimated to the second opposite party who sent a technician on 21.08.2012 who came and examined the laptop and found the defect as the defect of the key board. He told the complainant that new keyboard is not with him at that time and told that he will bring new key board within 2 days and the defects will be cured. But so far the said technician or anybody from the first and second opposite parties came and rectified the defects of the laptop in spite of the complainant’s continuous request. The above said act of the opposite parties is a clear deficiency in service which caused financial loss, mental agony and other distress to the complainant. Therefore, the opposite parties 1 and 2 are liable to the complainant. Hence this complaint for an order directing the first and second opposite parties either for rectifying the defects or for replacing the laptop within a stipulated time or in the alternative, allowing the complainant to realize the cost of the laptop along with compensation of Rs. 10,000/- and cost of this proceedings.
3. Opposite parties 1 and 2 are exparte.
4. Third opposite party entered appearance and filed their version. According to the third opposite party, the above said transaction is under a government scheme called ICT Scheme and the third opposite party is only the co-ordinator of the said scheme for and on behalf of the government. The purchase of the laptop, selection of the brand, payment and after sales service was exclusively on the complainant and the first and second opposite parties. Third opposite party is not connected to the said dealings and third opposite party has nothing to do with the grievances of the complainant. As per the terms and conditions of the sale, first and second opposite parties are alone liable to the complainant. With the above contentions, third opposite party prays for discharging them from the party array as they have not committed any deficiency in service and they are not liable to the complainant in any way.
5. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this complaint consists of the proof affidavit of the complainant and Exts. A1 to A4. After closure of evidence, both sides were heard.
7. The Point: The complainant’s allegation is that the laptop purchased by the complainant from opposite parties 1 and 2 became defective and the defect of the laptop was not rectified by the said opposite parties. The said act of the opposite parties 1 and 2 is a clear deficiency in service and they are liable to the complainant for the same.
8. In order to prove the case of the complainant, the complainant filed a proof affidavit along with 4 documents. On the basis of the proof affidavit, the said documents were marked as Exts. A1 to A4. Ext. A1 is the copy of the order booking form No. 01794 dated 09.02.2011 issued by the first opposite party. Ext. A2 is the copy of the receipt No. 1243 dated 09.02.2011 issued by the first opposite party for the advance payment of Rs. 1,500/- paid by the complainant. Ext. A3 is the copy of the service call report No. 6256 dated 21.08.2012 issued by the first opposite party. Ext. A4 is the copy of the tax invoice dated 05.05.2011 for Rs. 17,770/- issued by the first opposite party in the name of the complainant.
9. On the basis of the available materials on record, it is found that the complainant had purchased a laptop from the first and second opposite parties. As per the averments in the complaint and proof affidavit, it is seen that the said laptop became defective and the said defect was not cured by the opposite parties in spite of the complainant’s repeated request. Since opposite parties 1 and 2 are exparte, we find no reason to disbelieve the allegations of the complainant. Therefore, the complainant’s case stands proved as unchallenged as against opposite parties 1 and 2. Therefore, we find that the above said act of the opposite parties 1 and 2 is a clear deficiency in service and this complaint is allowable against opposite parties 1 and 2. However, as the complainant had no grievance or no prayer in the complaint against third opposite party, we find no deficiency against them.
10. In the result, this complaint is allowed against opposite parties 1 and 2, thereby the first and second opposite parties are directed to rectify the defects of the complainant’s laptop or to replace the laptop with a similar brand with extended warranty for one year along with compensation of Rs. 2,000/- (Rupees Two thousand only) and cost of Rs. 500/- (Rupees Five hundred only) to the complainant within 15 days fro the date of receipt of this order, failing which the complainant is allowed to realize the cost of the laptop along with compensation of Rs. 5,000/- (Rupees Five thousand only) and cost of Rs. 1,000/- (Rupees One thousand only) with interest at the rate of 10% per annum from today till the realization of the whole amount from the opposite parties 1 and 2.
Dictated to the Confidential Assistant, transcribed and typed by him, corrected by me and pronounced in the Open Forum on this the 30th day of May, 2013.
(Sd/-)
Jacob Stephen,
(President)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant : Nil.
Exhibit marked on the side of the complainant:
A1 : Copy of the order booking form No. 01794 dated
09.02.2011 issued by the first opposite party.
A2 : Copy of the receipt No. 1243 dated 09.02.2011 for Rs.
1,500/- issued by the first opposite party in the name of
the complainant.
A3 : Copy of the service call report No. 6256 dated 21.08.2012
issued by the first opposite party’s service technician.
A4 : Copy of the tax invoice dated 05.05.2011 for Rs. 17,770/-
issued by the first opposite party in the name of the
complainant.
Witness examined on the side of the opposite parties : Nil.
Exhibit marked on the side of the opposite parties : Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) C.N. Omanakuttan, Valiyathu Kizhakkethil,
Payyanallur Muri, Mavelikara Taluk.
(2) General Manager, R.P. Infosystems Pvt. Ltd.,
Aysha Tower, 43/2614, K & K-5, Sasta Temple Road,
Kaloor, Kochi – 682 018.
(3) Manager, R.P. Infosystems Pvt. Ltd., Info Tech Division,
Sara Park Inn, Ground Floor, BTR Lane,
Melethampanoor, Gandhi Amman Covil Road P.O.,
Thiruvananthapuram – 695 001.
(4) District Co-ordinator, IT@ School, DIET Building,
Thiruvalla.
(5) The Stock File.
