Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V, Member.
3. Sri.M.P.Chandrakumar, Member
31st day of October 2015
CC.235/15 filed on 6/5/15
Complainant : Vitus Vincent, Chiriyankandath House,
P.O.Arimboor, Thrissur.
(By Adv.A.D.Benny, Thrissur)
Opposite Party: Proprietor, IT Shoppe Comuter Hyper Market, 1st
floor, N.P.Tower, Near Keralavarma Junction, West
Fort, Thrissur.
O R D E R
By Smt.Sheena.V.V., Member :
The case of the complainant is that on 18/10/14 the complainant had purchased a computer from the opposite party. He had paid Rs.36,500/- as the cost of the product vide receipt No.666. After purchasing the computer very next day it started defects. Initially the system was very slow. He has approached to the opposite party, but they never take any action to cure the defect. After one and half months, they demanded to entrust the system with the opposite party. Then the complainant received the system after four days. He has received only monitor and CPU. The key board and mouse is not given to the complainant and the problem was never cured. So the complainant sent a lawyer notice on 16/2/15. There is no reply and remedy so far. Without curing the defects of the system, the opposite party has committed deficiency in service towards the complainant. Hence this complaint is filed.
2. The opposite party remained absent continuously and set exparte. The case is posted for complainant’s evidence. The complainant filed proof affidavit and three documents produced which are marked as Exts.P1 to P3. Two material objects also produced by the complainant which are CPU marked as MO1 and monitor marked as MO2.
3. There is no evidence to the contrary. Ext.P1 is the bill produced by the complainant to see the price of the product and the date of purchase. MO1 ad MO2 is the CPU and monitor and the complainant’s counsel submitted that CPU, MO1 is not working and MO2 is also shown defect. Believing the words of complainant and also the documents produced by the complainant, we could find that the opposite party had committed deficiency in service.
4. In the result the complaint is allowed and the opposite party is directed to return the Ext.P1 amount, i.e. Rs.36,500/- (Rupees Thirty six thousand and five hundred only) to the complainant and Rs.3,000/- (Rupees Three thousand only) as cost within one month from the date of receipt of copy of this order. On compliance of the order the opposite party can take back the MO1 and MO2 from the Forum.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of October 2015.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext.P1 Retail Invoice
Ext.P2 Copy of lawyer notice
Ext.P3 A/D card
MO1 – Monitor
MO2 - CPU
Id/-
Member
