IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Tuesday the 30^th day of November, 2010

Filed on 22.09.10

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.223/10

between

Complainant:-                                             Opposite Parties:-

Sri.Joseph Antony,                         1.         Lenovo India Pvt.Ltd., Ferns Icons, Level-2,

Thottunkal House,                                                  Doddenakund Village, 

Thumpoly,                                                              Marathhalli Outer ring Road,,

Alappuzha.                                                             Marathhalli Post, Kr Puram,.

(By Adv.Tomy Mathew)                                         Hobli, Bangalore-560037

                                                                  2.         Oxygen the Digital Shop                      

                                                                              Golden Sand Building,

Near South Police Station, Alappuzha.

O R D E R

   SRI.JIMMY KORAH (PRESIDENT)

The complainant case is as follows: - The complainant on 1^st October 2009 purchased a laptop for an amount of Rs.32500/-(Rupees thirty two thousand five hundred only) from the 2^nd opposite party. Since its purchase, the lap top developed malfunctioning. Almost every parts of the instrument either went out of order or turned inoperative. The complainant, on 9^th December 2009 took the laptop for repair to the 2^nd opposite party. The opposite party returned the same on 16^th December 2009 on charging Rs.250/-(Rupees two hundred fifty only). The complainant was assured that the defect had been cured for ever.  Notwithstanding the assurance, the instrument time and again fell defective, and the complainant yet again had to take the same to the 2^nd opposite party.  The repeated request of the complainant to give a defect-free laptop was turned down. On 14^th May 2010, the complainant was constrained to issue a legal notice to the opposite party for which the opposite party responded irresponsibly. The service of the opposite party is absolutely deficient. The complainant had to sustain indescribable mental agony and loss. Got aggrieved on this the complainant approached this Forum for compensation and other relief.

                        1. Notice was sent. The opposite parties were not keen on appearing before this Forum. Resultantly, the opposite parties were set expartie.

2. The complainant filed proof affidavit, and the documents Exbts Al to A6 were marked. Exbt Al to A3are the receipts issued by the opposite party, A4 is the goods inward note, A5 is the copy of the lawyer's notice the complainant caused to issue and the A6 is acknowledgement card.

        3. The sole question arises, on the basis of the contentions in the compliant for consideration is:-

         (a) Whether the complainant is entitled to the relief sought for in the complaint?

            4. We went through the materials put on record by the complainant. The complainant duly produced the cash receipts and other relevant documents issued by the 2^nd opposite party. The complainant vehemently argued that the laptop sold out to him by the opposite party was virtually defective and mal functioning. The complainant affirms that he suffered mental agony and a financial loss. The complainant emphatically asserted that, the loss he sustained was due to the negligence and deficiency of service on the part of the opposite party. As we have already observed, the opposite parties were neither keen on appearing before this forum nor to rebut the evidence let in by the complainant. Needless to say the complainant's evidence stands unchallenged and we have no course open but to accept the evidence of the complainant.

5. In view of the facts and circumstance of the instant case, the opposite parties are directed to pay the complainant an amount of Rs.32500/-(Rupees thirty two thousand five hundred only) in lieu of the laptop in question with interest @ 12% per annum from the date of the institution of this complaint. The opposite parties are further directed to pay a compensation of Rs.5000/-(Rupees five thousand only) to the complainant. The opposite party shall comply with the order within 30 days of receipt of this order.

Complaint stands disposed accordingly.  No order as to cost.

Pronounced in open Forum on this the 30^th day of November, 2010.

Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

                                                                                                Sd/-Smt. N. Shajitha Beevi          

Appendix:-

Evidence of the complainant:- 

Proof affidavit in lieu of position

Ext. A1            -           The receipt issued by the opposite party No.1810 dated, 01.10.09

Ext.A2             -           The receipt issued by the opposite party No.1712 dated, 12.09.09

Ext.A3             -           The receipt issued by the opposite party No.1524 dated, 16.12.09

Ext.A4             -           The Goods Inward Note No.402 dated, 06.01.10

Ext.A5             -           The copy of the lawyer's notice

Ext.A6 series    -           Acknowledgment card

Evidence of the opposite parties:-  Nil

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- k.x/-       

Compared by:-