DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 31^st day of December, 2008

Present: Smt.Seena.H, President

Smt.Preetha.G. Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.51/2007

M.Ramakrishnan,

S/o.O.Narayanankutty Menon,

Sreepadmam, Polpully Post,

Palakkad – 678 552. - Complainant

Vs

Sajith,

21^st Century Infoway,

16/696(2), Kunnathurmedu, Palakkad - Opposite parties.

(By Adv.Rajesh Panangad)

O R D E R

By Smt.Seena.H, President

Complainant purchased a computer from M/s.21^st Century Infoway on 18/05/2006. The system developed snag within a few days of purchase which was brought to the notice of the opposite party. After several telephone calls and personal visits, CPU was rectified and returned stating that they have formatted the system to clear the virus which was in fact present at the time of supply itself. An amount of Rs.200/- was collected as service charges. Again in February 2007 as the complainant was not getting internet connection via dial up and mobile, the service personnel of the opposite party corrected the USB port and charged Rs.200/- and informed that Modem for dial up connection for internet was defective and has to be replaced. At times internet connection from mobile could not be accessed and opposite party did not bother to come for service or replace the modem. After filing of the complaint modem was replaced and the system is working. Complainant is claiming an amount of Rs.10,000/- (Rupees Ten thousand only) as compensation for mental agony and loss due to manufacturing defect of modem and deficiency in service of opposite party and reimbursement of service charges already paid to the opposite party.

2. Opposite party filed version with the following contentions. One year warranty extends only to the hardware of the computer system and service relating to software is chargeable. According to the opposite party, on 06/06/2006 complainant asked to install anti virus software and games and that was done by the opposite party charging Rs.250/-. CPU was not taken to the opposite party's office. At that time there was a display problem and that was also corrected. The working of the USB port was disturbed solely due to the negligent use of the same by the complainant and his family. As it was also a software problem an amount of Rs.200/- (Rupees Two hundred only) was collected as service charges. Opposite party denies the statement of the complainant that, the modem of the computer is defective. As per the warranty condition there is replacement guarantee for defective modem. No complaint has been received regarding this to the opposite party. However modem was replaced as per the order of the forum. According to the opposite party there is no deficiency of service on their part and complaint is liable to be dismissed.

3. The evidence adduced consists of the affidavit and Exts.A1 to A3 on the side of the complainant and affidavit on the side of the opposite party.

4. The issues for consideration are;

i) Whether there is deficiency of service on the part of the opposite party?

ii) If so, what is the reliefs and cost?

5. Issue No.1: The definite case of the complainant is that, for all the servicing done within the period of warranty, opposite party has collected service charges. Opposite party admits the collection of service charges. But according to the opposite party warranty of 1 year extends only to the hardware of the system and he is entitled to charge for servicing done in respect of software. Complainant has produced the invoice for the purchase of the computer and bills pertaining to the servicing done and marked as Exts.A1 to A3. In the invoice, the period of warranty is stated as 1 year. No where it is seen that the warranty extends only for the hardware of the computer system as contented by the opposite party. No documents is seen to be produced by the opposite party stipulating the terms and conditions of warranty. In view of the above circumstances, we attribute deficiency of service on the part of the opposite party.

6. Issue No.2: Modem of the computer is replaced as per the order in I.A of the forum. An amount of Rs.300/- (Rupees Three hundred only) is seen as service charges collected as per Exts.A2 and A3. Hence we are of the view that an amount of Rs.300/- (Rupees Three hundred

only)and compensation of Rs.3,000/- (Rupees Three thousand only) will meet the ends of justice.

7. In the result complaint allowed. We direct the opposite party to pay an amount of Rs.300/- (Rupees Three hundred only) being the service charges and Rs.3,000/- (Rupees Three thousand only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Order shall be complied within one month from the date of communication of the order failing which the whole amount shall carry interest @ 9% per annum from the date of order till realisation.

8. Pronounced in the open court on this the 31^st day of December, 2008

Sd/-

Smt.Seena.H,

President

Sd/-

Smt.Preetha.G. Nair,

Member

Sd/-

Smt.Bhanumathi.A.K,

Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 – Invoice

Ext.A2(Series) – Service call reports dt.27/05/06 and 15/03/07

Ext.A3 – Service call report

Exhibits marked on the side of opposite party

Nil

Costs (allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost of the proceedings