By Sri. K. Mohammed Ali, President,
Facts in brief:
1. The complainant is a school teacher working at G.U.P. School, Vettilappara who has purchased a Chirag branded LapTop, paying Rs.17,770/-from the opposite party No.1, on 14-05-2011, under the “LapTop/Netbook for the Teacher's Scheme conducted I.T. @ School. Within one month of purchase, the LapTop became defective. Three years warranty was assured at the time of purchase. Hence this complaint.
2. Opposite party No.2 is set exparte and the opposite party No.1, filed version admitting the purchase, but seriously disputing the Consumer Relationship. It is averred that they have only arranged a common plat form to the short listed companies and the teachers for providing LapTop for cheaper price, without accepting any remuneration from the complainant.
4. The main question that arises for our consideration is as follows:-
(i) Whether the opposite parties are deficient in service by supplying poor quality LapTop to the complainant.
(ii) Relief if any.
5. Point No.(i) & (ii):-
The complainant never appeared in the forum inspite of several opportunities were given to her. The complainant was absent and there was no representation in the following dates, on 18-08-2014, 27-09-2014, 13-11-2014, 27-12-2014 and 05-02-2015. She has not even cared to submit the affidavit and no documents were marked. On 27-12-2014, a reminder notice was issued to her, but no result. The famous maxim “Vigilantibus et not non dormeJenle busjura subveniunt”. The law give helps to those who are watchful and not to those who go to sleep. The precious time of the forum is wasted.
Opposite party No.1 represented in all the posting dates and filed version and argument Notes.
7. In the result, we order that the complaint is dismissed and the complainant shall pay Rs.5,000/-(Rupees Five thousand only) to the opposite party No.1 as costs, within one month of the receipt of the copy of this order.
Dated this 20th day of March, 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 : Nil
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER
MINI MATHEW, MEMBER
