BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 30th day of November, 2009
Present: SRI.LAIJU RAMAKRISHNAN PRESIDENT SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER
C.C No.197/2009 Between Complainant : Bushra Ashraf, W/o Ashraf, Thattuparambil House, Muthalakkodam P.O, ` Thodupuzha, Idukki District. (By Adv: K.M.Sanu) And Opposite Party : Jineeb.G.Nair, Proprietor, Galaxy Computers, Choorappuzha Towers, Thodupuzha P.O, Idukki District. O R D E R SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
Complainant purchased a Computer from the opposite party on 27.03.2008 by availing PMRY loan after attending the course conducted by the concerned department. The loan was availed from State Bank of Travancore, Thodupuzha Branch. The warranty for the computer was for 5 years. It was orally convinced by the opposite party at the time of purchasing the same. The opposite party received a cheque for Rs.30,000/- from the complainant, but out of that 6,000/- rupees was returned because the Printer and Scanner were out of stock. The complainant purchased the same for doing DTP work in her residence. After 2-3 days the computer showed defects while working. When the complainant approached the opposite party, the opposite party told that there is a complaint in CPU and it would be repaired after two days. Again the same defect showed ten times, so the complainant entrusted the computer to the opposite party for repair. The complainant requested for a new computer or otherwise the cost of the same to the opposite party, but at that time the opposite party abused the complainant and her husband. After four months on 26.09.2009, the opposite party informed that there is defect in the mother board of the computer and it could be repaired if the complainant pays Rs.2,500/-. The computer is having a warranty of five years. So the opposite party can never charge for the money for the repair of the same. It is only because the opposite party supplied low quality computer to the complainant, these types of defects repeated to the machine. The complainant purchased the computer for her lively hood after availing loan from the bank and it never worked even six months. The documents and the warranty papers were rendered at the time of the first repair. The complainant is working in a document writer's office in order to repay the loan availed by the computer. So the petition is filed for getting the price of the defective computer and also for compensation.
2. The opposite party filed written version admitting that he is having sales and service of the computer as a self employment scheme. He is supplying computer to limited persons, to near friends and it is not a larger business. The computer was sold to T.E Bushra, Thattuparambil House, Muthalakkodam, who was the classmate of the opposite party and also she was working with the opposite party at the starting time of his institution. The assembled computer was supplied for Rs.22,000/- on 23rd August as bill No.B.426. The computer supplied was of very good quality with the specification given by the complainant who is a high first class holder of Diploma in Computer Engineering. Moreover the UPS, Printer and Scanner were supplied as bill No.428 as on the same day for Rs.8,300/-. The opposite party do not think that the complainant availed PMRY loan because the husband of the complainant is a Government employee. At the time of purchasing the computer and afterwards also she was working in another firms, she never tried for self employment. It is also specified in the quotation issued to the complainant that the warranty is as per the manufacture's policy. The manufacturer is giving warranty only for manufacturing defects. This is an assembled computer, so the warranty is not giving assembled computers nowhere in India for five years. The complainant is a Diploma Holder of the Computer Engineering and she was working with the opposite party for 3 years. So she knows all the details of the warranty. The main defects of the computer was cured after clearing the virus by the opposite party. The complainant knows the technicality of the same. The opposite party several times warned the complainant that the repeated defects caused to the computer is only because of the lack of earthing in the wiring specification of the residence of the complainant. On 14th July 2009, when the complainant approached the opposite party with the defective computer the opposite party revealed that it was due to the burning caused to the mother board of the computer so it is duly informed to the complainant. The warranty period of the same was also expired, was also delivered to the complainant. The complainant given the computer for repair in some other institution before that day. The mother board is purely damaged and cannot be repaired, this was also replaced to the complainant in August first week. No document of the warranty was returned to the opposite party by the complainant. The UPS was once repaired by the opposite party through the company. The manufacturer is not entitled to the defects caused due to higher voltage. Mother board was destroyed only after one year purchase of the same. The opposite party is also ready to repair the computer if the complainant pays the cost of the spare parts. The complainant never misbehaved the opposite party, but the husband of the complainant who is working in Forest Department abused the opposite party in "Police Language". So the petition is not sustained.
3.The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?
4. The evidence consists of the oral testimony of PW1 and Exts.P1 to P4 marked on the side of the complainant and the oral testimony of DW1 on the side of the opposite party.
5. The POINT:- The complaint is filed for getting cost of the computer or a fresh computer because the computer supplied by the opposite party was of low quality and it showed defects continuously even within six months. complainant is examined as PW1. PW1 deposed that the computer was purchased for the livelyhood of the complainant by doing DTP work with the computer. Ext.P1 is the copy of the bill for the computer, Ext.P2 is the quotation for the supply of the computer and its peripherals. PW1 attended the training conducted by the Industrial Department for availing bank loan in PMRY Scheme. Ext.P3 is the copy of the Certificate issued from District Industries Center for the training attended by the complainant. The opposite party convinced the complainant that the computer is having a warranty of five years at the time of purchasing the same. But after the expiry of 3 days of the purchase, the computer became defective. The CPU also showed defects. Ext.P4 is the job card issued for the service of the computer. When the computer showed continuously defects, the complainant entrusted it to the opposite party for repair. After 4 months, the opposite party intimated that the mother board of the computer is defective and Rs.2,500/- is needed for repair. The computer is having a warranty of five years and the complainant is entitled to get it repaired with free of cost. The opposite party was examined as DW1. As per DW1, the computer was given a warranty for a period of 1 year. There is no period of warranty written in the Ext.P2 quotation. A portion of the mother board was burned and the company is not giving warranty for the burned parts.
It is admitted by the opposite party also that the computer caused defects within the warranty period. But the defects were minor and were due to Virus infection, they were cured by the opposite party. The opposite party is assembling the CPU of the computer, and supplying with the monitor with other parts. Nobody is giving warranty for 5 years in assembled computer in India. The computer supplied to the complainant was good quality and the complainant is a Diploma Holder in Computer Engineering. So the same is supplied with the specification given by the complainant. The defects caused to the computer of the complainant is because of the lack of proper earthing in the electric wiring in the residence of the complainant. Anyway the opposite party is ready to repair the same, if the complainant pays the cost of the defective parts of the computer because a portion of the mother board is burned and the company will not give the warranty for the same. But as per PW1, the complainant's computer is having a warranty of 5 years and the warranty card and other details were received by the opposite party at the time of first repair. The complainant never produced any warranty card for the computer for 5 years, or even for one year. As per Ext.P2, the quotation for the supply of the computer, it is written that warranty is according to the manufactures policy. But the period of warranty is not at all written. The computer was purchased on 27.03.2008 as per Ext.P1 bill, but it was repaired by the opposite party through company on 26.09.2008, as per Ext.P4 Job card. It means that the computer showed defects after 6 months. So we think that the opposite party is entitled to repair the same with the satisfaction of the complainant. The company never provides warranty for five years as per the opposite party, so the opposite party cannot provide a further warranty. So we think it is proper to direct the opposite party to repair the computer or pay the cost of the repair. As per the opposite party, it needs Rs.2,500/- for the repair of the computer.
Hence the petition allowed. The opposite party is directed to repair the defects of the computer of the complainant within 15 days of the receipt of this order or pay Rs.2,500/- to the complainant. The opposite party is also directed to pay Rs.1,500/- as cost of this petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% per annum from the date of default. Pronounced in the Open Forum on this the 30th day of November, 2009
Sd/- SRI.LAIJU RAMAKRISHNAN(PRESIDENT) Sd/- I agree SMT.SHEELA JACOB(MEMBER) Sd/- I agree SMT.BINDU SOMAN(MEMBER)
APPENDIX Depositions : On the side of Complainant : PW1 - Bushra Ashraf On the side of Opposite Party : DW1 - Jineeb.G.Nair Exhibits: On the side of Complainant: Ext.P1 - True copy of Receipt dated 27.03.2008 for Rs.30,000/- issued by the opposite party Ext.P2 - True copy of Quotation dated 7.03.2008 issued by the opposite party Ext.P3 - True copy of Certificate received from the District Industries Centre, Idukki Ext.P4 - Photocopy of Job Card dated 26.09.2008 On the side of Opposite Party: Forwarded by Order, Nil | 
