BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 27/09/2010
Date of Order : 31/08/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 514/2010
Between
P.S. George, | :: | Complainant |
Palackattukunnel Veedu, Proprietor, Reliant Services, Arakkulam. P.O., Pin – 685 591, Idukki Dt. |
| (By Adv. V.C. Sebastian, Painavu, Idukki – 685 603) |
And
M/s. H.C.L. Infosystems Ltd., | :: | Opposite party |
Office, Automation Division, Midland Areena 4/84, Marottichuvadu Jn., Edappally, Cochin – 24. |
| (By Adv. A. Jayasankar, M/s. Jayasankar & Manu Advocates, 'Sree Padmam,' Ponoth Road, Kaloor, Cochin – 682 017) |
O R D E R
A. Rajesh, President.
1. The case of the complainant is as follows :
The complainant entered into a Comprehensive Service Maintenance Contract with the opposite party for the maintenance of his photo stat machine for the period from 11-05-2009 to 11-03-2010 at a cost of Rs. 12,772/-. The opposite party was highly irregular in attending to the complaints lodged by the complainant. On 05-03-2010, the mechanic of the opposite party examined the machine and opined that since the charger became defunct. The opposite party could not replace the same and better to purchase a new machine. The opposite party is contractually liable to rectify the defects of the machine in which they failed. Thus, the complainant is before us seeking direction against the opposite party to rectify the defects of the machine and to pay compensation of Rs. 10,000/- and costs of Rs. 4,000/-.
2. Version of the opposite party :
The opposite party admits the extension of the Comprehensive Service Maintenance Contract. The complainant's photo stat machine was installed on 28-10-1996. The machine has worked for such a long period only due to the quality of the service rendered by the opposite party. The machine has reached the end of its life term, it had stopped functioning after 400500 copies and the same is currently beyond any kind of repair or service. The opposite party has expressed their willingness to return the amount for the unused portion of the contract but the complainant refused to accept the same.
3. The complainant was examined as PW1 and Exts. A1 to A6 were marked on his side. Witnesses for the opposite party were examined as DW's 1 and 2. The counsel for the complainant filed argument note. Heard the counsel for the parties.
4. The points that came for consideration are :-
Whether the complainant is entitled to get his photo stat machine repaired as per the terms of the contract?
Compensation and costs of the proceedings?
5. Point Nos. i. and ii. :- It is not in dispute that the complainant and the opposite party entered into Ext. A1 Comprehensive Service Maintenance Contract (CSMC) for the period from 11-05-2009 to 11-03-2010 at a cost of Rs. 12,772/-. It is also not in dispute that the complainant caused Exts. A2 and A4 notices dated 04-03-2010 and 05-03-2010 respectively demanding to repair the machine.
6. According to the complainant on 05-03-2010, the technician of the opposite party inspected the machine and issued Ext. A6 customer call cum service slip. The opposite party disputed the genuineness of Ext. A6. However, DW2 the customer engineer of the opposite party who mounted the box admitted that Ext. A6 has been issued by the staff of the opposite party, the observation of the technician in Ext. A6 reads as follows :
“Machine checked and found main charger is complaint. It will be replaced for smooth working.”
The above report goes to show that still the machine is in reparable condition though the opposite party contends otherwise. Contractually, the opposite party is liable to rectify the defect of the machine free of cost within the currency of the contract which is not disputed. The opposite party went back on their contractual obligation for their own reasons which is not in conformity with law. So the opposite party is liable to rectify the defect of the machine free of cost.
7. Resultantly, we allow the complaint in part and direct as follows :
A. The opposite party shall rectify the defects of the machine and put it in working condition
B. or in the alternative. The opposite party shall refund Rs. 12,772/- being the amount received by the opposite party on insurance amount for the same together with 12% interest p.a. from the date of contract till realisation.
The failure of direction 'i. A.' the opposite party shall pay a compensation of Rs. 5,000/- to the complainant.
Costs are awarded at Rs. 1,000/-.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 31st day of August 2011.
