KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.686/09 JUDGMENT DATED 6.1.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SHRI.M.K.ABDULLA SONA -- MEMBER Proprietor, Online IT Shoppe KSCDRDA Building, -- APPELLANT Nagambadom, Tessil M.C.Road, Kottayam. (By Adv. Deepu Thankan) Vs. Nisha.U.K. Usha Bhavan, Memmuri.P.O, -- RESPONDENT Kuruppamthara, Kottayam. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the second opposite party in C.C.99/09 in the file of CDRF, Kottayam. The appellant is under orders to pay a sum of Rs.25,000/- to the complainant and Rs.1000/- as costs and that the complainant shall return the computer and accessories to the appellant. 2. The case of the complainant is that she purchased a computer and accessories from the opposite parties on 13.2.07 for a sum of Rs.25,000/- with the help of the loan from the Kerala State Schedule Caste and Scheduled Tribe Development Corporation. It is his allegation that the computer was not working properly even one hour after purchase. Within the warranty period itself the mother board, memory etc. were found defective. The same was taken for repairs and returned after 4 months, but the defects continued. 3. The opposite parties in the version has contended that the defect was occasioned on account of defective earthing. It was submitted that they are willing to rectify the system if still there are defects to the computer provided the complainant meet the expenses of the parts if required to be replaced. 4. Complainant has filed proof affidavit and documents marked as Exts.A1 to A5. 5. It was found that there is no objective evidence with respect to the contention of the opposite parties, regarding the earthing defect in installation. It was also found that there were complaints to the system within the warranty period itself. The counsel for the appellant has suggested that they shall rectify the system. We find that the offer is belated. We find that there is no patent illegality in the order of the Forum. In the circumstances we find that there is no scope for admitting the appeal. The appeal is dismissed in limine. The office will forward a copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT M.K.ABDULLA SONA -- MEMBER S/L | 
