IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Dated this the 29^th   day of June, 2020

              Present:    Sri. Manulal.V.S, President

                                           Smt..Bindhu.R,  Member

                                        Sri. K.M. Anto, Member

CC No. 136/19(Filed on 13/8/19)

Complainant                             :  Mathew Scaria,

                                                             Aby Mathew Associates

                                                             2/268, Kochuparampil Building,

                                                             Kanjirappara PO, Kottayam Residing at

                                                             Kochuparampil House,

                                                             Pulickal Kavala PO, Vazhoor.

                                                            (Adv. Bobby John K.A)

                                                          Vs

Opposite parties                                 :   I Tech Solutions,

                                                                  Surya Building, S.H.Mount PO,

                                                                   Kottayam-06

O R D E R

Sri. K.M. Anto (Member)

          The brief of the complainant’s case is as follows.

          The complainant  purchased a desktop computer from the opposite party on 25/10/2018 for an amount of Rs.19,320/-.  The computer was purchased for the day to day office use exclusively for the purpose of earning his livelihood by means of self employment.  The computer had stopped functioning within two weeks from the date of purchase.  This complaint was intimated to the opposite party, but the complaint was not attended for a period of 45 days.  The computer was entrusted with the opposite party on 3-12-2018 for repair.  The complaint is that the opposite party sold a defective computer with manufacturing defect.  Further the opposite party failed to attend the complaint of the computer for a period of 45 days, and as a result the complainant was forced to purchase another computer.  The act of the opposite party is deficiency in service and unfair trade practice.  Hence the case.

          Though notice was served to the opposite party, the opposite party did not care to appear before the forum or file their version.  Hence the opposite party is set exparty.  The complainant filed proof affidavit and exhibits A1 and A2 were marked.

          On going through the complaint, proof affidavit of the complainant and the evidence on record, we would like to consider the following points.

1. Whether there is deficiency in service and unfair trade practice from the part of the opposite party.
2. If so what are the reliefs and costs?

For the sake of convenience we would like to consider point No.1 and 2 together.

Point No. 1&2

          On going through the complaint and evidence adduced it is evident that the complainant had purchased a desktop computer on 25/10/2018 on payment of Rs.19320/- from the opposite party.  The computer was purchased for the day to day office use of the complainant exclusively for the purpose of earning his livelihood by means of self employment.  The computer stopped functioning within two weeks from the date of purchase.  This complaint was intimated to the opposite party, but was unattended for a period of 45 days.  The computer was deposited with the opposite party on 6/12/2018 for repair and maintenance.  Ext.A2 shows that opposite party had received the computer on 6/12/2018 and was under warranty period.    The computer had stopped functioning within a period of two weeks from the date of purchase.  This complaint was intimated to the opposite party.  But opposite party did not attend the complaint for a period of 45 days.  This non attendance of the complaint by the opposite party within the warranty period is deficiency in service on the part of the opposite party.  Though the complainant pleaded that the computer is having manufacturing defect, he did not adduce any evidence to prove that aspect.  As there is no expert opinion available, we cannot come to the conclusion that the computer is having manufacturing defect.

          But on analysis of the available evidence, we can conclude that the computer became defective within the warranty period.  Therefore we are of the opinion that the opposite party is liable to cure the defects of the computer.  In these circumstances the complaint is allowed and we pass the following orders.

1. We herby direct the opposite party to rectify all the defects of the desktop computer in a perfect working condition at free of cost.
2. The opposite party shall pay an amount of Rs.3000/- to the complainant as compensation towards mental agony suffered by the complainant with cost of Rs.1000/-.

The Order shall be complied with within 30 days from the date of receipt of copy of the order.

Pronounced in the Open Forum on this the 29^th day of June, 2020.

Sri. K.M. Anto, Member   Sd/-

Sri. Manulal.V.S, President Sd/-

                  Smt. Bindhu R Member      Sd/-

Appendix

Exhibits marked on the side of complainant.

A1-Tax invoice dtd 25/10/2018

A2-Material Inward Receipt dtd 6/12/18

By Order,

Senior Superintendent.