BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 319/2008 Filed on 23.12.2008

Dated : 30.05.2009

Complainant:

Jojan P.M, Palakkattil, S.R.J. Manzil, Keezhayoor P.O, Pattambi, Palakkad.

Opposite party:

The Proprietor, Kaveri Infotech Systems, Near Mukkolakkal Junction, Kulathoor P.O.

This O.P having been heard on 15.04.2009, the Forum on 30.05.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

As per the mutual understanding between the complainant and opposite party, complainant approached the opposite party to purchase a computer worth Rs. 30,200/- on 13.06.2008. Then the opposite party informed the complainant that he has changed some spare parts which were of higher quality than the prior agreement and he charged Rs. 500/- as extra. As per the assurance given by the opposite party the complainant paid Rs. 30,700/- and purchased the computer. Two months after the purchase there occurred some defects in display. The complainant informed the defect immediately to the opposite party. But the opposite party did not respond to it. The complainant contacted the opposite party for more than 15 times to rectify the defects. At last the opposite party came to the residence of the complainant and inspected the computer and it was found that there was some defect in the monitor. Opposite party asked the complainant to bring the monitor to his shop for repairing. Accordingly the complainant brought the computer to opposite party's shop. Opposite party assured the complainant that he has rectified the defect and taken the delivery of the same and he also stated that in the shop there was no facility to test the computer and to show that the defect was rectified. As per the assurance of the opposite party the complainant had taken the computer to his possession. But thereafter it was seen that the same defects were still in existence. The complainant informed the matter to the opposite party and sent lawyer's notice, but the opposite party never turned up to rectify the defects or replace the same. Hence the complainant filed this complaint.

In this case the opposite party, the Proprietor, Kaveri Infotech Systems accepted notice from this Forum, but not turned up to contest the case. Hence the opposite party is set exparte.

The complainant has filed proof affidavit and he has produced the bill dated 13.06.2008 for Rs. 30,700/-.

The complainant has filed proof affidavit for evidence and the affidavit filed by him stands unchallenged. The Bill of the computer was marked as Ext. P1. The date of bill is 13.06.2008 and the purchase amount is Rs. 30,700/-. This bill is the evidence of the transaction which has not been challenged by the opposite party. In this case the opposite party accepted the notice from this Forum, but not turned up to contest the case. Hence we are of the opinion that the case of the complainant is genuine one. In this case there is no need of expert opinion as per Sec. 13(1)(c) of Consumer Protection Act since the opposite party remained exparte. The opposite party was not ready to rectify the defects of the computer instead of the repeated requests of the complainant. The purpose for which the complainant has purchased the computer with a huge amount of Rs. 30,700/- has failed due to the insufficient service and unfair trade practice of the opposite party. The opposite party should supply good quality computer according to its price. And also it is the duty of the opposite party to rectify the defects. In this case the complainant has succeeded to establish that there is unfair trade practice and deficiency in service from the side of opposite party. Hence the complaint is allowed.

In the result, the opposite party is directed to refund the price of the computer i.e; Rs. 30,700/- to the complainant and shall also pay Rs. 5,000/- as compensation and Rs. 1,000/- as costs. Time for compliance one month, thereafter the above said amounts shall carry 12% annual interest. On receipt of the said amounts, the complainant shall return the defective computer in dispute to the opposite party.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30^th May 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 319/2008

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of Bill issued by the opposite party to the

complainant dated 13.06.2008.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT