KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. APPEAL No. 584/2009 JUDGMENT DATED: 05-05-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT APPELLANT The Manager, Excel Info World, City Tower, By Pass Road, Thodupuzha. (Rep. by Adv. Sri. George Cherian Karippaparambil & Sri. S. Reghu Kumar) Vs RESPONDENT Sri. Jigi Antony, S/o Antony, aged 37 years, Elanjickal House, Moolamattom, Arakkulam Village. (Rep. by Adv. Sri. A.J. Mohammed Sali) JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant is the opposite party in CC No. 209/2006 in the file of CDRF, Idukki. The appellant is under orders to supply a new branded computer with all accessories, which were supplied to the old computer at the time of purchase and take back the old one and also to pay Rs. 3,000/- as compensation and Rs. 2,000/- as costs. 2. It is the case of the complainant that he purchased a computer system and its accessories on 11-10-2005, 03-11-2005 and 24-01-2006 for his personal use and also for the cable TV net work conducted by him. According to him, after 12 days of installation problems arose and the service man repaired it for about 10 times. Subsequently, it ceased to function on 24-06-2006. Thereafter the whole system was taken to the shop of the opposite parties for repairing but they retained it for 3 months. Subsequently, the system brought after repairs showed that it was replaced with low quality parts. Although several times the opposite party was contacted they have refused to repair the system and also to bring the original parts. He has claimed a sum of Rs. 1.75 lakhs as compensation. 3. It is the contention of the opposite parties that the purchases are not only in the name of the complainant but also in the name of Anson Cable network. It is the allegation that the complainant has installed several illegal softwares in the computer and the disorders surfaced are because of the piracy of the software. The opposite party is not bound to set right the above problem. The defect to the motherboard and hard disc was on account of the fact that the computer was permanently attached to the cable network. The motherboard and hard disc were sent to the authorized service center of the company at Ernakulam as there was warranty. The complainant was given a standby motherboard, processor and hard disc on 19-08-2006. On 08-09-2008 the service center staff approached the complainant with the original items, but he did not allow to take back the standby CPU. The complainant was contacted several times, but the complainant was not willing. 4. Evidence adduced consisted of the testimony of PWs 1 and 2, DW1, Exts. P1 to P3, R1 series and C1. 5. The Forum has relied on the testimony of PW2, the expert Commissioner, who inspected the computer and submitted Ext.C1 report. The Commissioner has mentioned that the hard disc, processor and motherboard are different from those that are mentioned in Ext.P1 to P3 bills. It is also seen that DW1 has admitted that the system was repaired for about 25 times but without payment. Evidently, it is only on 08-09-2006 as mentioned in the version that even according to the opposite party that repairs were completed and the system offered to be returned. Admittedly, motherboard, hard disc etc. of the original computer is still with the opposite parties. As noted by the Forum about 25 times it has been repaired within 6 months. The case of the opposite parties that it was on account of pirated software installed in the computer has not been established by any scientific evidence. The Commissioner has also noted that the floppy disc is not functioning. The Commissioner has also noted that AGP card is not installed in the computer and hence it is not connected to the cable network. 6. What has been ordered is to replace the computer with a new computer and accessories, which was supplied to the old computer at the time of purchase and to take back the old one. The compensation ordered is only nominal. We find that there is no patent illegality in the order of the Forum. In the result, the appeal is dismissed. The office is directed to forward the LCR to the Forum along with a copy of this order. JUSTICE K.R. UDAYABHANU: PRESIDENT Sr | 
