BEFORE THE DISTRICT CONSUMER WARANGAL
Present: Sri Sri
AND
Friday the 27th June, 2008.
CONSUMER COMPLAINANT NO. 07/2007
Between:
Polasani S/
Age: 20 years,
R/o.H.No.1-07-597, Hanamkonda,
Warangal District.
… Complainant
AND
The Proprietor,
Radiant Technologies,
Mayuri Complex,
Nakkalagutta, Warangal District.
… Opposite Party
Counsel for the Complainant ::
Counsel for the Opposite Party :: Puli
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
: ORDER ::
C.C.07/2007 per
This is a complaint filed by the complainant i.e.
The brief averments contained in the complaint filed by the complainant are as follows:
01. The case of the complainant is that, the complainant purchased Computer System from opposite party on 02-01-2006 by paying Rs.19,400/- through proper invoice and opposite party also promised to give one year free service and agreed to install all required software in the said system. The complainant after one day he noticed that items mentioned in invoice are not the items, which are agreed before purchasing of the system later approached the opposite party for the agreed items and install software in the computer system and he refused to give the agreed items, install software also to give one year service as agreed before purchasing the computer. The complainant making several requests and they did not come forward with a solution and further to discharge their obligation in terms of service given to him at the time of purchase of said computer system. Thereafter he issued a legal notice on 13-03-2006 to the opposite party, for that the opposite party issued a reply notice on 16-03-2006 denying everything and he has given another notice to the opposite party, but the opposite party denied all the contents in reply notice by way of stating that the computer purchased by one Thereafter the complainant filed this complaint before this Forum.
Opposite Party filed the Written Version contending in brief as follows:
02. The opposite party stated that the complainant is not the person who purchased the computer, but the computer is in the name of one
03. Now the point for consideration is whether the complainant is entitled for the refund of an amount of Rs.19,400/- with interest @ 18% per annum and direct the opposite party to pay damages of Rs.5,000/- on account of deficiency of service on the part of the opposite party and with costs of Rs.5,000/-.
04. The complainant in support of his claim filed his Affidavit in the form of chief examination and marked Exs.A-01 to A-06. On behalf of opposite party Sri
05. After arguments of the both side counsels, we are of the opinion that it is clear that the complainant has purchased the Computer System from the opposite party along with But the opposite party stated that computer was purchased by only The Affidavit executed by purchase a computer system and he approached him. I took him to When my friend On seeing the same On agreeing the said terms and conditions It is clear that the computer purchased by the complainant in the presence of So we accept Ex.A-5 the complainant is the owner of the computer itself, when he himself is the owner of the computer certainly the opposite party has to undertake any replacement and any repair of the computer of the complainant.
In this case as per the contents of Written Version as well as complainant version it is clear that the complainant has not brought the computer to the notice of the opposite party with regard to the items mentioned in invoice are not the items which are agreed before purchase system. Since the complainant has not taken the computer to the office of the opposite party and he did not disclose the same above facts before the opposite party itself, it is clear that there is a fault on the part of the complainant. It is the duty of the complainant first itself that he has to take the computer to the office of the opposite party with regard to the defects or anything. Since the complainant has not taken computer to the office of the opposite party with regard to the Items mentioned in invoice are not the items which are agreed to purchase the computer system and we direct the complainant better to take the computer to the office of the opposite party and the opposite party has to rectify the problem of the computer whatever defects are there and also we direct the opposite party better to rectify whatever the defects in his computer. The opposite party has to rectify or replace the defective items of computer of the complainant i.e. whatever the opposite party agreed to install all agreed software in the said system he has to install because in this case as per the complainant version the items mentioned invoice are not which are agreed before purchasing of the system. It is the duty of the opposite party to install with agreed items and install the software in the said system.
For the above said reasons given by us, we direct the complainant to take the computer to the office of the opposite party and get rectified its defects as mentioned in his invoice. If the opposite party fails to rectify the defects he has to take back the computer and has to pay the complainant’s amount of Rs.1927-10-2006 till the date of realization.
In the result, we dispose to this petition on the above directions.
Both the parties shall bare their own costs.
A month’s time is granted to the Opposite party for the compliance of the order.
(Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum today the 27th June, 2008.)
Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDNECE
WITNESSES EXAMINED
ON BEHALF OF O.P.
Affidavit in lieu of Affidavit of RW-1 in Lieu of
Chief Examination
EXHIBITS MARKED
ON BEHALFOF COMPLAINANT
01. Ex.A-1 is Xerox copy of Radiant Technologies, Invoice No.1158 dated 02-01-2006.
02. Ex.A-2 is the Xerox copy of Legal notice, dated 13-03-2006.
03. Ex.A-3 is the Response to your notice, dated 13-03-2006.
04. Ex.A-4 is the Reply notice, dated 01-04-2006.
05. Ex.A-5 is the Affidavit given by
06. Ex.A-6 is the acknowledge card.
ON BEHALF OF Opposite partY
-- NIL --
Sd/-
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