Kochi  682 018.                                             Opposite parties

O R D E R

Smt.K.P.Preethakumari, Member

          This is a complaint filed under section 12 of consumer protection act for an order directing the opposite party either to replace the laptop with a new one or to refund the purchase price of `19,270 along with `15,000 as compensation.

          The case of the complainant is that he has purchased a lap top through IT @ School, Kannur from opposite party by giving `19,270 on 16.05.2011 and they offered warranty for 37 months. But from 31.08.12, the keyboard becomes defective and now the system is completely dead and the same was informed to the opposite party through a complaint No.0309121576 on 3.09.2012. Again the complainant issued a registered letter on 26.09.2012 since no action was taken by the opposite party. But even today the opposite party has not acted upon the complaint of the complainant. The complainant had purchased the above lap top for facilitating his profession as a teacher and had kept so many files in the lap top. Now the complainant was not in a position to use the same since the system was completely dead. So the complainant had suffered physical, mental and financial difficulties and hence the opposite party is liable to compensate the complainant. Hence the complaint.

          On receiving the complaint Forum issued proper notice and the opposite party acknowledged the same. But he remains absent and hence he was called absent and set exparte.

          The important point to be decided in this case is that whether there is any deficiency of service on the part of opposite party.

          The evidence in this case consists of the chief affidavit filed in lieu of chief examination and Exts.A1 to A3.

          The complainant contended that the lap top purchased by him from the opposite party through IT @ School, Kannur become dead within the use of hardly 1 ½ years even though the opposite party had given 37 months warranty and even after  repeated request to cure the defect, opposite party was not ready to cured the defect. They have not heeded the words of the complainant. In order to prove the case complainant filed chief affidavit in lieu of chief examintion with his pleadings and produced documents such as order booking form, tax invoice and warranty conditons.Ext.A1 and 2 proves that the complainant has purchased the laptop from opposite party through IT @ school, Kannur for an amount of `19,270. According to the complainant the lap top became defective within one years of its purchase. But opposite party has not heeds the words of the complainant, even though he had informed to the opposite party several time. Moreover opposite party has not turned up before the Forum even though he had acknowledged proper notice. This itself is unfair practice on the part of opposite party. More over there is no contra evidence before the Forum. So we are of the opinion that there is deficiency of service on the part of opposite party for which the opposite party is liable to compensate the complainant by giving back `19,270 the purchase price of laptop along with `3,000 as compensation and cost and the complainant is entitled to receive the  same and passed orders accordingly. 

                    In the result, the complaint is allowed directing the opposite party to refund `19,270(Rupees Nineteen Thousand two hundred and seventy only) the purchase price along with `3000 (Rupees Three thousand only) as compensation and cost to the complainant within one month from the date of receipt of this order, otherwise the complainant is entitled to execute the order as per the provisions of consumer protection Act.

                               Sd/-                       Sd/-

                        President                     Member   

APPENDIX                              

Exhibits for the complainant

A1.Order booking form dt. 17.2.2011

A2. Tax invoice dt.16.05.2011 issued by OP

A3. Copy of the warranty-Terms & conditions

Exhibits for the opposite party: Nil

Witness examined for either side: Nil

                                                          /forwarded by order/

                                                          Senior Superintendent

Consumer Disputes Redressal Forum, Kannur.