IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of August, 2017.
Filed on 20.04.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
C.C.No.106/2017
Between
Complainant:- Opposite party:-
Viswavidyala Central School Pearson Educations Services
Rep. its Manager Pvt. Ltd, Regd. Office
Eravankara Viswanathan 10,3rd Main Ashwini Lay out
Viswavidyala Central School Ejipura, Banglore
Kochalummoodu Karnataka-560 047
Eravankara.P.O, Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:
The complainant entered into an agreement with the opposite party on 13/6/2014 for the installing digital system programme at the complainant school. The 1st system was installed on 9/7/2013 and the 2nd and 3rd system were installed on 18/7/2014. As per the agreement the opposite party undertook post installation services of the devices including rectification and replacing spare parts in case any defect is occurred. After a few months the devices became defective and not at all working. The complainant informed the opposite party about the defect on 16/11/2015 and requested the opposite party to rectify the defects. But there was no proper response from the part of the opposite party. Thereafter the complainant again sent letter to the opposite party on 22/4/2016 and on 4/8/2016. Since the installed digi class system were defective and totally functionless the complainant was not in a position to collect the digi class fees from the students and hence the complainant could not remit the payments to the opposite party as per the agreement. The act of the opposite party caused much mental agony to the complainant. Hence filed this complaint alleging deficiency in service on the part of the opposite party seeking direction to rectify one system and to take back the other 2 system which were subsequently installed.
2. Notice was served to the opposite party but they did not appear before the Forum and hence set exparte.
3. Complainant filed proof affidavit and documents ExtA1 to Ext.A4 were marked.
4. Considering the allegation of the complainant the Forum has raised the following issues:-
1) Whether there is any deficiency in the service on the part of the opposite party
?2) Whether the complainant is entitled to get the relief and cost?
5. Issues 1 and 2:-
The case of the complainant is that the complainant entered into an agreement with the opposite party for installing digi class in the complainant school. The opposite party has installed the 1st system on 9/7/2013 and the 2nd and 3rd systems were installed on 18/7/2014. The complainant was collecting additional fees from the students for the digi class for remitting the payments to the opposite party. While so the said system installed by the opposite party were not working. The complainant requested the opposite party many times for repairing the device, but the opposite party has not made any effort for rectifying the defect. Since the digi class was not functioning the complaint could not collect the fees from the students and hence the monthly payments became due.
6. Complainant filed proof affidavit and documentsExt.A1 to Ext.A4 were marked. According to the complainant the opposite party has installed the 1st digi class system on 9/7/2013 and subsequently 2nd and 3rd digi class system were installed on 18/7/14. The complainant has paying a monthly installments without fail thereafter systems were defective and totally functionless, So the students are not willing to pay digi class fees. So the complainant could not remit the monthly installments to the opposite party. From the documents it can be seen that complainant contacted the opposite party many times for rectifying the defects. But the opposite party has not made any earnest effort to rectifying the defect. The complainant had utilized the system only for a short span of time. According to the complainant the monthly instalments were paid regularly till the system were functioning. He could not remit monthly instalments only because the system is defective and because of the same he was not in a position to collect the monthly digi class fees from the students. Since the opposite party failed to provide to assured after sale service they have committed deficiency in service and are liable to rectify the defect. Since the systems is not working, the complainant was not in a position to remit the monthly payments. Therefore the complainant is entitled to get the tenure extended for remitting the monthly payments. So the complaint is to be allowed.
In the result the complaint is allowed. The opposite party is directed to rectify the defect of the 3 digi class system of the complainant school and the opposite party is further directed to extend the tenure for remitting the monthly payments for a further period of 2 years No order as to compensation and cost. The order shall be complied within one month from the date of the receipt of this order.
Pronounced in Open Forum on this the 31st day of August, 2017.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1series - Letter dtd.16/11/2015
Ext.A2 series - Letter dtd 4/8/2016, 09/10/2015
Ext.A3 - Petition
Ext.A4 Series - Agreement
Evidence of the opposite party:- Nil
// True copy //
By Order
Senior Superintendent.
To
Complainant/Opposite party/S/F
Typed by: Br/-
Compd.By:
