IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 21st day of November, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No.108/2013 (Filed on 20.08.2013)
Between:
K.S. Varghese,
Kavil Veedu,
Pulloopram.P.O.,
Angadi, Ranni. ….. Complainant
And:
1. General Manager,
BSNL Office, Thiruvalla.
2. HCL Infosystems Ltd.,
Marottichuvadu Junctioin,
Edappally,
Kochi – 682 024. ….. Opposite parties
O R D E R
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.
2. The complainant’s case is that he had purchased a computer from the 2nd opposite party through the 1st opposite party on 09.11.2010 under a particular scheme sponsored jointly by the opposite parties. As per the scheme, the complainant has to pay the price of the computer, less advance of Rs.1,500/- given to the 2nd opposite party, by 36 monthly instalments of Rs.455/- each to the 1st opposite party along with the internet charges vide their monthly bills. The complainant purchased the said computer as per the advertisement made by the 1st opposite party in this regard for his son’s educational purpose. But from the purchase onwards the computer showed complaints many time and it was taken to the service centre of the opposite party at Pathanamthitta more than 15 occasions. From there they sent the computer to their main office at Ernakulam and it was returned after months on all occasions. The quality of the parts used in the computer is very low and that is the reason for the continuous complaints. At last on 20.05.2013, the said computer was again given to the service centre at Pathanamthitta for repairs. Thereafter the complainant had contacted several time for getting back the computer after repairs. But they have not returned the computer so far. Because of the complaints of the computer the complainant’s son has not got the advantages of the computer for his studies. Moreover, 1st opposite party is regularly issuing their monthly bills including the instalment of the computer loan and the complainant had paid all bills without any default. The above said acts of the opposite parties is a clear deficiency in service which put the complainant to financial loss and mental agony. Therefore, the opposite parties are liable to the complainant for the same. Hence this complaint for the realization of Rs.30,000/- being the price of the computer so far given by the complainant and his expenses for the transportation of the computer to the service centre along with Rs.1,000/- as cost of these proceedings from the opposite parties.
3. In this case opposite parties are exparte.
4. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral deposition of the complainant as PW1 and Exts.A1 to A3. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s allegation is that the computer purchased from the opposite parties, under their special scheme, became defective several time am dot was repaired through the authorized service centre of the 2nd opposite party situated at Pathanamthitta. At last, it again became defective on 20.05.2013 and it was given to the said service centre for repairs. But they have not returned the computer so far. The said computer was purchased for the computer studies of his son because of the complaints of the computer his son has not got the advantages of the computer for his studies. The 1st opposite party is regularly issuing their bills along with the computer loan instalment without resolving the grievances of the complainant and the complainant is compelled to pay the bills. The complaints of the computer is due to the manufacturing defects and the warranty of the products is still in force. In the circumstances, the above said act of the opposite parties is a clear deficiency in service and the opposite parties are liable to the complainant for the same.
7. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and 3 documents are marked as Exts.A1 to A3. Ext.A1 is the invoice cum delivery chalan for Rs.23,130/- dated 09.11.2010 issued by the 2nd opposite party in the name of the complainant for the sale of the computer. Ext.A2 is the warranty conditions issued by the 2nd opposite party. Ext.A3 is the monthly bill issued by the 1st opposite party in the name of the complainant.
8. On the basis of the available materials on record, it is seen that the complainant had purchased a computer from the 2nd opposite party under a special scheme of the opposite parties. The said computer became defective on several occasions and it was repaired and returned by the 2nd opposite party on all occasions except for the last occasion and it is still with the 2nd opposite party from 20.05.2013 onwards. In this connection, the complainant had spent much money for its transportation from Ranni to the 2nd opposite party’s service centre at Pathanamthitta. Further, he is paying money for internet charges to the 1st opposite party for the periods when the computer was not in working condition. Though the grievances of the complainant was brought to the notice of the opposite parties they have not redressed the grievances of the complainant and hence the complainant is put to financial losses and mental agonies and the same was due to the deficiency in service from the part of the opposite parties. Since opposite parties are exparte we don’t find any reasons to disbelieve the allegations of the complainant and hence this complaint stands proved as unchallenged. Therefore, this complaint is allowable.
9. In the result, this complaint is allowed thereby the 2nd opposite party is directed to return the computer in perfect working condition to the complainant within 15 days from the date of receipt of this order along with compensation of Rs.3,000/- (Rupees Three Thousand only) and the 1st opposite party is directed to pay an amount of Rs.1,000/- (Rupees One Thousand only) as cost to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the cost of the computer and the compensation from the 2nd opposite party and the cost from the 1st opposite party with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 21st day of November, 2013.
(Sd/-)
Jacob Stephen,
(President)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Varghese
Exhibits marked on the side of the complainant:
A1 : Invoice cum delivery chalan dated 09.11.2010 for Rs.23,130/- issued
by the 2nd opposite party in the name of the complainant.
A2 : Warranty conditions issued by the 2nd opposite party.
A3 : Monthly bill issued by the 1st opposite party in the name of the
complainant.
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) K.S. Varghese, Kavil Veedu, Pulloopram.P.O.,
Angadi, Ranni.
(2) General Manager, BSNL Office, Thiruvalla.
(3) HCL Infosystems Ltd., Marottichuvadu Junction,
Edappally, Kochi – 682 024.
(4) The Stock File.
