BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> <br /> C.C.No. 14/2006 Filed on 17.01.2006<br /> Dated : 30.07.2008<br /> Complainant:<br /> <br /> Shaji.A, Deepam, Near Post Office, Chempazhanthy, Thiruvananthapuram – 695 587. <br /> <br /> Opposite parties:<br /> <br /> 1.M/s ECOM COMPUSHOPE.COM.LTD, F2, Kinchen Plaza, Dhanya Remya Road, Kunnampuram, Thiruvananthapuram.<br /> <br /> 2.The Managing Director, ECOM COMPUSHOPE.COM.LTD, 1st Floor, 37, 2nd Lane, Udaya Nagar, Kathrikadavu, Kaloor P.O, Kochi – 17.<br /> (By adv. C.R. Sudheesh) <br /> <br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 08.08.2006, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 31.05.2008, the Forum on 30.07.2008 delivered the following:<br /> <br /> ORDER <br /> SMT. S.K.SREELA: MEMBER<br /> The brief facts of the case is as follows: The complainant desirous of purchasing a computer with necessary accessories approached the 1st opposite party and as per the purchase order the opposite party agreed to supply the items viz; A MD 64 bit Sempron 2500+, Asus Mother Board, 256 M B DDR, 40 G B HDD, 1.44 MM FDD, 15” Monitor Samsung, MM Key Board Samsung, Scroll Mouse, Speaker, ATX, UPS – Omega, Printer Lexmark and Webcamera Creative for Rs. 21940/-, out of which Rs. 3000/- was paid as advance amount. Till the filing of the complaint, he had paid Rs. 20450/-. The materials were supplied only after three months. At the time of installation itself, the complainant had raised objection stating that the items supplied differ from the items ordered. But they refused to change the brands. From the very beginning itself, the computer showed a lot of errors and the functions were rather far from satisfactory. Though complaint was made, the opposite parties lagged the process. The complainant requested the 2nd opposite party to change the mother board for which also there was no response. The complainant suspects that the materials supplied by the opposite parties are of substandard quality since the complaint started from the first day itself. In the above circumstance the complaint has been filed. <br /> Opposite parties remain exparte. Complainant has filed affidavit and has been examined as PW1, marked Exts. P1 to P5. <br /> The points that would arise for consideration are:-<br /> (i)whether the complainant has been supplied with substandard quality materials as alleged in the complaint?<br /> (ii)Whether there is any deficiency in service on the part of the opposite parties?<br /> (iii)Whether the complainant is entitled for any reliefs as claimed?<br /> Point (i):- The complainant's case is that, he had visited the 1st opposite party's office, selected items and accordingly an order was placed for purchasing a computer along with accessories. According to the complainant, the opposite parties had agreed to supply the items viz; A MD 64 bit Sempron 2500+, Asus Mother Board, 256 M B DDR, 40 G B HDD, 1.44 MM FDD, 15” Monitor Samsung, MM Key Board Samsung, Scroll Mouse, Speaker, ATX, UPS – Omega, Printer Lexmark and Webcamera Creative for an amount of Rs. 21940/-, out of which the complainant had paid an advance amount of Rs. 3000/-. Now the complainant alleges that the opposite parties have not supplied the items which they had agreed. Instead of Samsung Monitor, Samsung keyboard and Creative Web Camera, the opposite parties have supplied Philips monitor, Odyssey key board and Techome Web camera respectively. Complainant further alleges that the computer shows lot of errors and the functions are far from satisfactory. We have perused the records on file. The purchase order shows the supply of Samsung Monitor, Samsung keyboard etc. But the complainant's case is that the said company's items are not supplied and moreover the computer is defective also. Other than the pleadings, no evidence has been adduced by the complainant in support of the said allegation. The complainant has not taken out a commission to inspect the allegations levelled against the opposite parties in the complaint. In the absence of the report of an expert commission, we cannot ascertain the allegations in the complaint. When the complainant alleges defect in the computer along with other complaints, onus is on the part of the complainant to prove the same. The burden is on the complainant to establish deficiency in service on the part of the opposite parties, which the complainant has miserably failed in this case. There is no evidence to substantiate the allegation as to the supply of substandard and defective materials. For the foregoing discussions, we have to hold that the complaint is not supported by records and evidence for holding that the opposite parties have supplied the materials not ordered and that the opposite parties have supplied defective items. Even if the opposite parties are absent, the complainant will have to establish his case set out in the complaint by reliable and convincing evidence. Hence we have no other alternative than to dismiss the complaint. <br /> <br /> In the result, the complaint is dismissed. <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th July 2008.<br /> <br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> <br /> C.C.No. 14/2006<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS :<br /> <br /> PW1 - Shaji.A<br /> <br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - True copy of purchase order for Rs. 21,940/-.<br /> <br /> P2 - True copy of complaint dated 22.12.2005 send to 2nd opposite party.<br /> <br /> P3 - True copy of delivery chalan issued by 1st opposite party to the complainant dated 22.12.2005. <br /> <br /> P4 - True copy of complaint dated 04.01.2006 send to 2nd opposite party.<br /> <br /> P5 - True copy of receipt issued by 1st opposite party for Rs. 20,000/-<br /> <br /> III OPPOSITE PARTIES' WITNESS :<br /> NIL<br /> <br /> IV OPPOSITE PARTIES' DOCUMENTS :<br /> <br /> NIL<br /> <br /> <br /> PRESIDENT<br />