BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 10/06/2013
Date of Order : 31/10/2013
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 423/2013
Between
Rajeesh Raj. R., | :: | Complainant |
S/o. Rajappan Nair, Director, M/s. Infra Elevators India Pvt. Ltd., 35/2223, Opp. St. John Baptist Church, Pallipradakshina Road, Pallinada, Palarivattom, Kochi – 682 025. | | (By Adv. George Cherian, Karippaparambil Associates Advocates, H.B. 48, Panampilly Nagar, Cochin -36) |
And
1. M/s. Dell India Pvt. Ltd., | :: | Opposite Parties |
Diyasree greens, Ground Floor 12/1, 12/2A, 13/1A, Challangatta Village, Varthur Hobli, Bangalore South – 560 071. 2. M/s. Carmel Infosys, Door No. 35/2224, Opp. St. John Baptist Church, Palarvattom. P.O., Pallinada, Kochi – 682 025. | | (Op.pts. absent) |
O R D E R
Sheen Jose, Member.
1. The case of the complainant is as follows :-
The complainant purchased a 18.5 LCD monitor from the 2nd opposite party on 02-02-2012, which was manufactured by the 1st opposite party at a price of Rs. 5,202/-. The monitor has one year replacement guarantee. After the purchase, the monitor became defunct and the 2nd opposite party replaced the monitor with a new one. Within a month, the replaced monitor as well went out of order. The same was entrusted with the 2nd opposite party. On 06-10-2012, the 2nd opposite party issued a letter to the complainant rejecting the warranty claim of the complainant shown as 'burn damage' . The reason given by the opposite parties for rejection of the claim is not sustainable. The complainant is entitled to get the price of the monitor together with a compensation of Rs. 10,000/-. This complaint hence.
2. In spite of service of notice from this Forum, the opposite parties did not respond to the same and the case was proceeded ex-parte. Proof affidavit has been filed by the complainant and Exts. A1 and A2 were marked. Heard the counsel for the complainant.
3. The points that came up for consideration are as follows :-
Whether the complainant is entitled to get refund of the price of the monitor from the opposite parties?
Whether the opposite parties are liable to pay compensation to the complainant?
4. Point No. i. :- Ext. A1 goes to show that the complainant purchased the monitor from the opposite party on 02-02-2012 at a price of Rs. 5,202/-. Admittedly, the 1st opposite party is the manufacturer of the monitor. According to the complainant, at the outset, the monitor became mal-functioning and the 2nd opposite party replaced the same. The replaced monitor also went out of order within the warranty period. The complainant entrusted the same with the opposite party within the warranty period to get the machine replaced. The 2nd opposite party rejected the claim of the complainant and issued Ext. A2 letter to the complainant on 06-10-2012, which reads as under :
“We logged a DELL MONITOR complaint on behalf our customer infra Elevators in the name of BEENU three months back with Dell customer care (the complaint code was 300106909184) due to display problem and we got the replacement monitor with good working conditioned within one week. After one month the replaced monitor shows vertical line problem. Then we tried to log the call they rejected why because it is burned inside. Dell explained that the burns will not cover under warranty.”
5. It is to be noted that the disputed machine is in the possession of the 2nd opposite party. No evidence is forthcoming on the part of the 2nd opposite party to support the contentions stated in Ext. A2. The 2nd opposite party failed to appear before this Forum to disprove the contention of the complainant. Therefore, the complainant is entitled to get refund of the price of the monitor from the opposite parties.
6. Point No. ii. :- The opposite parties miserably failed to address the grievance of the complainant at the outset. Whereby, the complainant had to knock at the doors of this Forum which calls for compensation. A compensation of Rs. 2,000/- is awarded.
7. In the result, we partly allow the complaint and direct as follows :-
The opposite parties shall jointly and severally refund Rs. 5,202/- to the complainant being the price of the monitor with interest at the rate of 12% p.a. from the date of purchase till realisation.
The opposite parties shall jointly and severally also pay Rs. 2,000/- (Rupees Two thousand only) to the complainant towards compensation.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 31st day of October 2013.
Forwarded/By order, Sd/- Sheen Jose, Member. Sd/- A. Rajesh, President. Sd/- V.K. Beena Kumari, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Invoice dt. 02-02-2012 |
A2 | :: | A letter dt. 06-10-2012 |
Opposite party's Exhibits :: Nil
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