THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.366/2014

Dated this the 11^th    day of February 2015

            ( Present:  Sri. Rose Jose, B.Sc, LLB.                          :  President)                       

                            Smt.Beena Joseph, M.A                             : Member

                                                                                               ORDER

By Beena Joseph, Member:

            The petition was filed on16.07.2014. The gist of the Complaint is that Opposite parties had installed a EPABX system of Matrix Company in their office.  Within one year  of supply the system became defective and the opposite parties had not rectified the defects.  The complainant’s office being a public office, they suffered much difficulties due to the service deficiency on the part of the respondents.

            In the above matter notice issued to both parties, but there was no  representation  on the part of the opposite party, hence they are set exparte on 18.11.14.  Later complainant filed affidavit and examined as PW1, Exts.A1 to A4 were marked on their side.  Ext.A1 is the bill issued by the opposite party dtd.30.03.13 for Rs.83,047/- towards the charge of installation of EPABX system in complainant’s office.  Exts.A2 & A3 are the letters issued to the opposite party by the complainant .  Ext.A4 is the acknowledgement card of the same.

            From the above Exts. A1 to A4 it is very clear that opposite party had installed EPABX System by charging Rs.83,047/- and the same became defective  within six months of installation.  Admittedly the failure of the above system will put the office in difficulty.  In the above matter complainant proved their case beyond any doubt.  In the result the petition is allowed in part. 

Hence we are of the opinion that opposite parties are jointly and severally  liable to return Rs.83,047/-(Rupees eighty three thousand and forty seven only) towards the value of the EPABX System and to pay Rs.10,000/-(Rupees ten thousand only) as compensation.  Comply the order within one month from the date of order. Failing which the complainant is entitled for a further amount of Rs.20/- per day till realization.  After paying the amount opposite party can take back the EPABX System from the complainant.

Pronounced in the open court this the 11^th day of February 2015.

Date of filing:16.07.2014.

                                        SD/- PRESIDENT                                                                                SD/- MEMBER

                                                                                                         APPENDIX

Documents exhibited for the complainant

A1. The bill issued by the opposite party for Rs.83047/- dtd.30.03.2013.

A2.Letter issued by the complainant to the opposite party dtd.07.06.2014.

A3. Letter issued by the complainant to the opposite party  dtd.30.09.2013.

A4. Acknowledgement card

Documents exhibited for the opposite party

 Nil

Witness examined for the complainant:

PW1. Lukhman (complainant)

Witness examined for the opposite party:

None

                                                                                                                                         Sd/-President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT