By Sri. K. Mohammed Ali, President,
Facts in brief:
1. The complainant is a school teacher working at S.H.M.G.V.H.S., Edavanna who purchased a Chirag branded LapTop/Netbook from the opposite party No.2, through opposite party No.1 on 14-05-2011, paying Rs.17,770/- as the price of the equipment. Within the warranty period, the LapTop became defective and the matter was informed to the opposite parties. Three years warranty was assured. Hence this complaint.
2. Notice was served to opposite party No.1, who submitted the version admitting the purchase of the LapTop. Opposite party No.2 'left' and thus the case against him was set exparte. It is averred that the opposite party No.1 has nothing to do with the sale and service of the goods. They have only arranged a common plat form for the short listed companies and the complainant who intend to buy LapTop for cheaper price as a facilitator. They are not deficient in service.
4. The main points that arises for our consideration is as follows:-
(i) Whether the opposite parties are deficient in service.
(ii) Relief if any.
5. Point No.(i) & (ii):-
The complainant has not filed the affidavit, inspite of several chances given to him to do so. Only once ie., on 08-07-2014 the complainant was represented. Subsequently on 18-08-2014, 27-09-2014, 13-11-2014, 27-12-2014 and 02-02-2015, complainant was continuously absent and thee was no representation. Even though he has produced two documents that was not marked. Instead, the opposite party No.1 has marked the Ext.B1 the Circular issued by the Executive Director, I.T. @ School, Thiruvananthapuram. The opposite party No.1 was represented in all the hearing date. 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.
6. So the complaint is dismissed.
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
