Andhra Pradesh

Visakhapatnam-II

CC/432/2011

Anju Jain - Complainant(s)

Versus

Kohinoor Computers - Opp.Party(s)

V.S. Khandelwal

16 Mar 2015

ORDER

                                              Date of Registration of the Complaint:11-11-2011 

                                                                                                Date of Order:16-03-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                       Monday, the 16^th day of March, 2015.

                             CONSUMER CASE No.432/2011

Between:-

Smt. Anju Jain, W/o Sri B. Jain, aged 32 years,

Hindu, Franchisee of Anagram Stock broking Ltd.,

Chinna Veedhi, Vizianagaram.

                                                                                        ….. Complainant

And:-

1.Kohinoor Computers, 47-10-3/1,

   Medicharla Towers, Near Diamond Park,

   Dwaraka Nagar, Visakhapatnam.

2.Samsung India Electronics Pvt. Ltd.,

   7^th and 8^th Floor, IFCI Tower, 61 Nehru Place,

   New Delhi.

3.Sri  Lakshmi Ganesh Electronics, Samsung

   Authorized Service Centre, Door No.19-1-3,

   Zidduvari Street, Opp: Krishna Hospital,

   Near Kota Junction, Vizianagaram.

                                                                                         …  Opposite Parties

                     

This case coming on 27.02.2015 for final hearing before us in the presence of Sri V.S. Khandelwal Vidyashankar, Advocate for the Complainant and Sri J.P. Naidu, Advocate for the 1^st Opposite Party and Sri Ch. Venkateswara Rao, Advocate for the 2^nd Opposite Party and the 3^rd Opposite Party being exparte and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant purchased Computer Accessories including Two 19” LCD Samsung Monitors from the 1^st Opposite Party on 6.10.2008 the total bill amount is Rs.42,700/- and the cost of the two said Monitors was included in the bill as Rs.9,300/- each and the said two LCD Monitors has Serial Nos. MY19H9HQ804749 and  MY19H9NQ804716.   On 11.11.2010 one of the LCD Samsung Monitor vide S. No. MY19H9NQ804716 stopped working and there is no display on it and it is showing green colour on the screen.   Immediately the Complainant’s husband approached the 3^rd Opposite Party and requested them to rectify the problem, as it was covered within the warranty period.   Inspite of many requests made by the Complainant the 3^rd Opposite Party did not rectify the same or deliver the said monitor to the Complainant.   The Complainant brought the said facts to the 1^st and 2^nd Opposite Parties.   The Complainant issued a legal notice dated 7.01.2011 to all the Opposite Parties, and the 3^rd Opposite Party replied dated 10.01.2011 asked for some documents which they never asked at any point of time till they received the said notice.   Then the Complainant issued a reply notice to all the Opposite Parties and then she received reply notice from all the Opposite Parties dated 31.01.2011.   Hence, this complaint.

2.       i) To provide new Computer Monitor of the same model with same warranty of 3 years;

          ii) To pay a sum of Rs.2,00,000/- (Rupees two lakhs only) to the Complainant towards damages for loss in her business;

          iii) To pay Rs.25,000/- towards mental agony and trauma suffered by the Complainant due to the act of the Opposite Parties;

          iv) To pass any such order or orders which the Forum thinks fit and proper in the circumstances of the case.

 

3. The 3^rd Opposite Party did not appear before this Forum.   Hence, it was set exparte and remained exparte.

         

4.       The 1^st and 2^nd Opposite Parties filed individual counters by contending, as can be seen from their counters.  

          The 1^st Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   The 1^st Opposite Party is only a trader and could not know about the defects in Computers and if there is deficiency in product then the company is only liable along with the agents who took up the Company works for repairs and replacements.   Hence, this Opposite Party is not liable to the Complainant.

 

          The 2^nd Opposite Party stated in its counter that the date of purchase of the Monitor is on 6.10.2008 and the problem for the first time arose only on 11.11.2010, it indicates that the monitor is of good quality.   The Complainant cannot have a grievance that there is a defect in the monitor as electronic items though of very best quality sometimes develop problems due to various reasons like electrical spikes etc.,   So, they have no liability to pay any reliefs asked by the Complainant.

 

5.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.   Exs.A1 to A5 are marked for the Complainant.    Ex.B1 to B3are suo-motto marked for the Opposite Parties.    Heard both sides.

 

6.       Ex.A1 is the Cash/Credit Invoice amount of Rs.42,700/- issued by the 1^st Opposite Party in favour of the Complainant dated 06.10.2008.  Ex.A2 is the office copy of Registered Lawyer’s Notice addressed by the Complainant’s counsel to the Opposite Parties dated 07.01.2011.   Ex.A3 is the office copy of Reply Notice addressed by the Complainant’s counsel to the 3^rd Opposite Party dated 24.01.2011.   Ex.A4 is the office copy of Lawyer’s Notice addressed by the 3^rd Opposite Party’s counsel to the Complainant’s counsel dated 31.01.2011.   Ex.A5 is the Photo copy of Certificate of Registration issued by the Securities and Exchange Board of India dated 09.02.2009.

 

7.       Ex.B1 is the net copy of G-mail letter on 12.01.2011.   Ex.B2 is the photo copy of letter addressed by the 3^rd Opposite Party to the Complainant dated 10.01.2011.    Ex.B3 is the photo copy of Postal Receipt dated 10.01.2011.

 

8.       Ex.A1 reveals that the Complainant purchased the Samsung Monitor on 6.10.2008 by paying Rs.18,600/- to the 1^st Opposite Party.  

 

9.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.   Whether the Complainant is entitled to any reliefs asked for?

 

 

10.       After careful perusal of the case record, this Forum finds that the LCD Monitor Serial No. MY19H9NQ804716 stopped working on 11.11.2010.  There is no display on it and it is showing green colour on the Screen.   Immediately the Complainant approached the Opposite Parties 1^st and 3^rd for rectification of its problem.   After receiving the legal notice from the Complainant, the 2^nd Opposite Party issued a G-mail to the Complainant dated 01.12.2011 “the required part is not available at present”.    Hence, without delay to customer, we given alternative solution to the customer i.e., refund the amount after depreciation”, the below details are required for processing the management approval: a) Invoice copy, 2) Customer address proof, 3) Customer ID Proof, 4) Declaration letter duly signed by the Customer.   This document shows that there is some defect in the monitor, as they agreed to refund the amount, after depreciation.   Moreover, the 2^nd Opposite Party did not file any piece of evidence to show that the monitor was not a defective one.   The document shows that they are ready to refund the amount after depreciation but they did not file any figure.    Moreover, the 2^nd Opposite Party asked the Complainant to produce Invoice copy and other 3 documents to refund the amount, if there is any problem in the product the Opposite Parties has to rectify the same or refund the cost of the defective product.   Very peculiarly the 2^nd Opposite Party asked the Complainant to produce the above said documents for refund of the amount.   It shows that their unfair trade practice on the part of the Opposite Parties.   The Complainant intimated about the defects within the warranty period so the 2^nd Opposite Party has an obligation to rectify the defect of the monitor or refund the monitor to the Complainant, but in the present complaint the 2^nd Opposite Party fails to do so.    It amounts to deficiency in service on the part of the Opposite Parties.   Hence, the Complainant is entitled to cost of the monitor with interest, some compensation and costs too.

 

11.     In the result, this Complaint is allowed directing the Opposite Parties 1 to 3: a) to pay cost of Monitor Rs.9,300/- (Rupees Nine thousand and three hundred only) with interest @ 9% p.a. from 11.11.2010 till the date of actual realization, b) a compensation of Rs.3,000/- (Rupees three thousand only) and c) Costs of Rs.2,000/- (Rupees Two thousand only) to the Complainant.   Time for compliance, one month from the date of this order.

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this16^th day of March, 2015.

      Sd/-                                    Sd/-                                      Sd/-

President                            Male Member                      Lady Member

                                     

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	06.10.2008	Cash/Credit Invoice an amount of Rs.42,700/- issued by the 1st OP in favour of the Complainant	Original
Ex.A02	07.01.2011	Registered Lawyer’s Notice addressed by the complainant’s counsel to the Ops	Office copy
Ex.A03	24.01.2011	Reply Notice addressed by the complainant’s counsel to the 3rd OP	Office copy
Ex.A04	31.01.2011	Lawyer’s Notice addressed by the 3rd OP’s counsel to the Complainant’s counsel	Office copy
Ex.A05	09.02.2009	Certificate of Registration issued by the Securities and Exchange Board of India	Photo copy

For the Opposite Parties:-            

                  

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.B01	12.01.2011	G-mail letter	Net copy
Ex.B02	10.01.2011	Letter addressed by the 3rd OP to the Complainant	Photo copy
Ex.B03	10.01.2011	Postal Receipt	Photo copy

 

  Sd/-                                            Sd/-                                                     Sd/-

President                       Male Member                                             Lady Member