IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 22nd day of March, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No. 13/2013 (Filed on 23.01.2013)
Between:
Ajithkumar. A.R.,
Anil Nivas,
Athirunkal.P.O.,
Koodal Village,
Pathanamthitta Dist. …. Complainant
And:
1. Joshi, (Owner),
Cyberia Systems & Solutions,
H.O. Kanjirakkattu Buildings,
K.P. Road, Adoor.
2. Jijo,
Cyberia Systems & Solutions,
Panickantathu Buildings,
Stadium Junction,
Pathanamthitta. …. Opposite parties
O R D E R
Smt. K.P. Padmasree (Member):
Complainant has filed this complaint against the opposite parties for getting a relief from the Forum.
2. The complainant’s case is that he had purchased a computer from the 2nd opposite party on 16.08.2011 by paying Rs. 24,000 vide bill No.978. 1st opposite party is the owner of the second opposite party shop. At the time of purchase, they have offered two year warranty for the computer. But the computer became defective and is non-functioning from January 2012 and two times its battery was replaced. 2nd opposite party taken the computer for repairs and after 3 months reinstalled the computer by saying that it is properly repaired.
3. Even after the so called repairs it is not functioning. Complainant several times informed the complaint to the opposite parties through telephone. But the 2nd opposite party insulted the complainant with abusive words through telephone. Finally on 20.10.2012 complainant sent legal notice to the opposite parties demanding replacement or for proper repairs. But there is no response from the opposite parties. The above said act of the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant and hence opposite parties are liable to the complainant for the same. Hence this complaint for the realization of the price of computer along with compensation of Rs. 10,000 and cost of Rs. 2,000.
4. In this case, opposite parties are exparte.
5. On the basis of the pleadings of the complainant, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this complaint consists of the oral deposition of PW1 and Ext.A1 to A3. After closure of evidence, complainant was heard.
7. The Point:- The complainant’s allegation is that opposite parties sold a defective computer to the complainant and it become defective so many times within the warranty period and opposite parties failed to repair it properly. They also avoided the complaints of the complainant through telephone with abusive words. Finally, complainant sent legal notice to the opposite parties demanding replacement or carrying out repairs of the computer. But there is no response from the opposite parties. The above said act of the opposite party is a clear deficiency in service and the opposite parties are liable to the complainant.
8. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and produced 3 documents which were marked as Ext.A1 to A3. Ext.A1 is the cash bill No.978 dated 16.08.2011 for Rs. 24,000 issued by the 2nd opposite party. Ext.A2 is the warranty card issued by opposite parties. Ext.A3 is the office copy of legal notice issued to the opposite parties by the complainant on 20.10.2012.
9. On a perusal of the deposition of PW1 and Ext.A1 to A3, it is seen that the complainant had purchased a computer for Rs. 24,000 from the 2nd opposite party. It is also read from the deposition of the complainant that the computer became defective within a short span of time and it was not properly repaired by the opposite parties.
10. Since the opposite party is exparte, we find no reason to disbelieve the allegations of the complainant and hence the complainant’s case stands proved as unchallenged. So we find that the act of the opposite party is a clear deficiency in service and the opposite parties are liable to the complainant for the same. Therefore this complaint is allowable.
11. In the result, this complaint is allowed thereby the opposite parties are directed to replace the computer along with Rs. 3,000 (Rupees Three Thousand only) as compensation and Rs. 500 (Rupees Five hundred only) as cost to the complainant within 10 days from the date of receipt of this order failing which the complainant is allowed to realize the cost of the computer and the compensation and cost ordered with 10% interest from today till the realization of the whole amount. The complainant is also directed to return the defective computer to the opposite parties if they replace the computer as per this order.
Declared in the Open Forum on this the 22ndday of March, 2013.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Ajith kumar. A.R
Exhibits marked on the side of the complainant:
A1 : Cash bill No.978 dated 16.08.2011 for Rs. 24,000 issued by
the 2nd opposite party to the complainant.
A2 : Warranty card issued by opposite parties.
A3 : Legal notice dated 20.10.2012 sent by the complainant to
the opposite parties.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Ajithkumar. A.R., Anil Nivas, Athirunkal.P.O.,
Koodal Village, Pathanamthitta Dist.
(2) Joshi (Owner), Cyberia Systems & Solutions,
H.O. Kanjirakkattu Buildings, K.P. Road, Adoor.
(3) Jijo, Cyberia Systems & Solutions,
Panickantathu Buildings, Stadium Junction,
Pathanamthitta.
(4) The Stock File.
