By Smt. Mini Mathew, Member
Facts in brief:
1. The complainant is a school teacher working at P.M.S.A.M.U.P. School, Olamathil, Malappuram District who purchased a Chirag branded LapTop from first opposite party at Malappuram on 14-05-2011 under the LapTop/Netbook for teachers Scheme conducted by opposite party No.1 paying Rs.17,770/- as the price of the LapTop. IWithin the warranty period, the LapTop became defective and the matter was informed to the opposite party, who did not respond. Hence this complaint.
2. Notice issued from this forum was served to opposite party No.1, appeared before this forum, filed version as well as counter affidavit and proved Ext.B1 document. Notice against opposite party No.2 was returned with an endorsement “left”. Name called and was set exparte. Through the version and counter affidavit opposite party No.1 admitting the purchase. But it was contented that they have nothing to do with the sale and service of the LapTop. They have only arranged a common platform for the short listed companies, and the teachers to supply LapTop for cheaper price, without accepting any remuneration. They have no responsibility regarding the financial matter.
3. The main points that arises for consideration are as follows:-
(i) Whether the opposite parties are deficient in service.
(ii) Relief if any.
4. Points No.(i) & (ii):-
In order to substantiate the claim of the complainant, she has produced and marked the documents as Ext.A1 to A3 which includes Receipt, Order Booking Form and Tax invoice. Opposite party No.1 produced the 'Circular' which was marked as Ext.B1. Opposite party No.1 alleges that they have only arranged, a common plat form for the short listed companies and the complainant to supply the LapTop for cheaper price, and the Ext.A2 itself proves that the entire scheme was conducted by opposite party No.1 under the heading LapTop/Netbooks for Teachers Scheme conducted by I.T. @ school. The booking was made to State Project Office, I.T. @ School Project, Thiruvananthapuram, the goods were exhibited at the office of the first opposite party and the purchasing was made at Malappuram. Since it is a Government Agency, who offer good quality and cheaper price, the teachers community were instigated to purchase the goods.
5. His Lordship Justice Sri. P.Q.Barkath Ali, the Hon'ble President of the State Commission in F.A. No. A/13/617, in the Judgment dated, 31-03-2014 in which the State Project Office, I.T. @ School Project, Thiruvananthapuram, is the appellant as follows: "The main contention of the appellant is that their duty is to give a common platform for the short listed companies and teachers who intent to buy LapTops/NetBooks and they have no responsibility for any other matter including that of any financial transactions or selection of any particular brand of equipments to teachers and that appellants are only the facilitators. There is no substance in the above contention. The LapTops are admittedly supplied under LapTops and Netbooks for teachers Scheme conducted by the appellants. So it is at their instigation, the complainant has purchased the LapTops. Therefore the appellants cannot now contended that they have nothing to do with the supply of the LapTop to the complainant.”
6. The Honourable Judicial Member of the State Commission, Sri. Sharaschandra Prasad, in a similar Judgment, has opined that, the word 'remuneration' in the Consumer Protection Act, does not confined to monetary remuneration alone. By implementing this scheme by the I.T. @ School the teachers community will be more qualified technically and this can also be considered as a type of remuneration.
7. More than fifty cases were pending in this Forum filed by the teachers from various schools of the District, against the same opposite parties for supplying defective LapTop.
8. The opposite party No.1 produced one document and marked it as Ext.B1, which is a Circular, issued from the State Project Office, I.T. @ School Project, Thiruvananthapuram,. No oral evidence was adduced by either parties.
9. In a similar case pending in this forum ie., C.C. No.283/13, the complainant therein, has produced the minutes of the meeting of the technical committee of I.T. @ School held on 05-01-2011 at Thiruvananthapuram. We are surprised to read the heading "ഐ.ടി. അറ്റ് സ്കൂളിനു ലഭിച്ച നിരക്ക് തത്തുല്യമായ നിരക്ക്". It explains the bulk purchase made by I.T. @ School and claims that even though the market value of the LapTop is Rs.28,000/-, they have made it available to the teachers for a cheaper price of Rs.17,770/-. Since most of the teachers wee conducting the case without the assistance of a lawyer, they were not aware of the court procedure and obtain and produce the copies in this forum.
10. On a careful analysing of the evidences on records this forum came to the conclusion that all the opposite parties are jointly and severally liable to compensate the loss of the complainant.
11. In the result, the complaint is allowed and we order that the opposite party No.1 and 2 shall pay and refund the sum of Rs.17,770/-(Rupees Seventeen thousand, seven hundred and seventy only) to the complainant with interest @ 10% per annum from the date of complaint till the date of payment, along with Rs.10,000/-(Rupees Ten thousand only) as compensation towards the mental agony and loss sustained by the complainant, within one month from the date of receipt of the copy of this order.
Dated this 22nd day of May, 2015.
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A3
Ext.A1 : Photo copy of the Receipt dated, 10-02-2011 for Rs.1,500/- from
first opposite party to complainant.
Ext.A2 : Photo copy of the Order Booking Form dated, 10-02-2011from
first opposite party to complainant.
Ext.A3 : Photo copy of the Tax Invoice dated, 14-05-2011 first opposite party
to complainant.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Ext.B1
Ext.B1 : Photo copy of the Circular dated, 19-01-2011 by third opposite party.
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER
MINI MATHEW, MEMBER
