By Sri. P. Raveendran, Member:
 

Brief of the complaint:- M/S Futura Innovations (P) Ltd has supplied a computer (Brand HP compaq D.290 Business desk top) in Complainant's office on 07.11.2006. As per supply order the equipment is to be covered under comprehensive onsite warranty of 3 years. Any spare requiring replacement shall be arranged by the Opposite Party free of cost and such spares should not be inferior in quality or specification to that of original spares. If the system could not be restored within 2 days, a stand by system comparable configuration should provided by the Opposite Party. The system was not working since 20.8.2009 and a complaint was lodged with the Opposite Party over phone on 21.8.2009. The service engineer of the Opposite Party Mr. Abeer attended the Complainant's office on 24.8.2009 and after inspection of the system intimated that the mother board of the system is to be replaced and assured to arrange the same within two working days. But even after two days the system was not restored. Since then the complainant continuously contacting the Opposite Party but the defects are not attended. On 23.9.2009 one telegram was sent to the Opposite Party reminding the case but there was no response. On 25.9.2009 one registered letter was issued to Opposite Party but there was no response. Complainants office is engaged with providing civil infrastructure works for BSNL in the entire Wayanad District. Huge amount of works like preparations of estimates, contractors bills, different statements, various correspondents to different offices, uploading and down loading of tender documents through internet, brousing different sites for day to day functioning of the office and many other day to day works were very badly affected. Very urgent works were carried out engaging out side agencies. The loss incurred by BSNL for the last 40 days due to non functioning of the computer is to the tune of Rs.1,00,000/- and hence Opposite Party has to pay a compensation of Rs.1,00,000/- to BSNL. So it is requested to levy a compensation of Rs.1,00,000/- from Opposite Party for the loss incurred by BSNL.

2. Notice served on Opposite Party. But he has not appeared before the Forum. He has not filed version even though time is granted to file his version. So he is declared as exparte.

3. On perusing the Complainant's affidavit and Exts. A1 to A8 the following points are to be considered.

1. Whether there is any deficiency in service on the part of the Opposite Party?

2. Relief and cost.

4. Point No.1:- To prove Complainant's case he has filed his chief affidavit. He has also produced Exts.A1 to A8 documents. In the chief affidavit he has stated as stated in the complaint. Ext.A1 is the copy of letter of BSNL to Opposite Party for supplying computer. Ext.A2 is the invoice of the computer. Ext.A3 is the copy of installation report sent by the Complainant. Ext.A4 is the delivery chalan . Ext.A5 is the copy of the letter given by the Opposite Party to the complainant. Ext.A6 is the copy of telegram sent by the Complainant to the Opposite Party. Ext.A7 is the copy of complaint sent by the Complainant to the Opposite Party. Ext.A8 is the acknowledgment card acknowledged by the Opposite party.

5. On perusing the documents it is clear that the Opposite Party has supplied and installed a computer (Brand H.P company D-290 Business desk top) at Complainants office on 7.11.2006. The computer is covered 3 years warranty. The system was not working since 20.8.2009. The Complainant filed a complaint to Opposite Party and Opposite Party's Engineer inspected the computer on 24.8.2009. He has issued a letter to the Complainant stating that nature of the complaint is mother board failure (Ext.A5). Thereafter the defect of the computer was not rectified by Opposite Party inspite of repeated telegram and letter from the Complainant

to the Opposite Party. It is deficiency of service on the part of the Opposite Party. Point No.1 is decided accordingly.

6. Point No.2:- The Complainant claimed Rs.1,00,000/- compensation. The Complainant stated that urgent works were carried out engaging out side agencies. No bill is produced to prove their contention. The value of the computer is 24,279/-. The Complainant has used the computer from 7.11.2006 to 20.8.2009. Any how non working of the computer is badly affected their routine work of the office. So we found that the Complainant is entitled to get Rs.10,000/- as compensation and Rs.1,000/- as cost of the complaint. Point No.2 is decided accordingly.

In the result, the complaint is partly allowed and Opposite Party is directed to pay Rs.10,000/- (Rupees Ten thousand only) as compensation to the Complainant within 30 days of receipt of this order failing which the Opposite Party is directed to pay 10% interest for the said amount from the date of filing the complaint till the payment is made. Opposite Party is also directed to pay Rs.1,000/- (Rupees one thousand only) as cost of the complaint.

Pronounced in open Forum on this the day of 31^st December 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Copy of the Letter. dt:27.10.2006.

A2. Copy of Invoice. dt:14.11.2006.

A3. Copy of Installation Report.

A4. Copy of Delivery Challan. dt:7.11.2006.

A5. Copy of the Letter given by the Opposite Party. dt:24.8.2009.

A6. Copy of Telegram sent by the Complainant.

A7. Copy of the complaint sent by the Complainant. dt:25.9.2009.

A8. Acknowledgment.

Exhibits for the Opposite Party:

Nil.