KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 454/2015

JUDGMENT DATED: 21.02.2019

(Against the order in C.C. 100/2014 of CDRF, Malappuram)

PRESENT : 

HON’BLE JUSTICE SRI.S.S. SATHEESACHANDRAN           : PRESIDENT

SMT. BEENA KUMARY. A                                                            : MEMBER

APPELLANTS:

1. Co-ordinator, IT @ School, Thiruvananthapuram.
2. District Office, IT @ School , Malappuram Pin-676 505.

           (By Adv. Meena. C.R)

                                                Vs.

RESPONDENTS:

1. Saleena. A, Chittakath (H), Narakkara P.O, Manjery.

2. R.P. Infosystems Pvt. Ltd., Aysha Tower, 43/2614, K & K 5 Sastha Temple Road, Kaloor, Kochi-18 now functioning at its Corporate Office, 4^th Floor, Regent House, 12, Govt. Place (East), Kolkata-700 069.

JUDGMENT

SMT. BEENA KUMARY. A : MEMBER

2^nd and 3^rd opposite parties in C.C. No. 100/2014 of the file of Consumer Disputes Redressal Forum Malappuram have filed the appeal challenging the Order of the forum directing refund of the price of the HCL Netbook Rs. 11,400/- with interest at 10% per annum from the date of complaint with compensation of         Rs. 10,000/- to the complainant. 

2.  In short, case of the complainant, a school teacher, is that she had purchased a netbook for a consideration of Rs. 11,400/- under “Laptop and Net Book for the Teacher Scheme” conducted at IT @ School on 14.05.2011.  The netbook became defective and representation made for curing the defects before the opposite parties were not heeded to was her case to claim compensation.  The manufacturer of the netbook, after service remained absent and made ex-parte.  The appellants/2^nd and 3^rd opposite parties filed version contending that there is no consumer relationship between the complainant and 2^nd and 3^rd opposite parties, that they have only arranged a platform for the teachers to provide netbook at cheaper rates, that the appellants brought those in need of netbook into a common platform as a mere facilitator and there is no deficiency in service on the part of the appellants.  They have no liability to compensate the complainant since the purchase was directly made by complainant from the manufacturer of her choice and further even if the netbook was found defective complainant can realize compensation only from the manufacturer. 

3.  On the materials produced by both sides which consisted of Ext. A1 for complainant and Ext. B1 for the 2^nd opposite party, lower forum coming to the conclusion that there was deficiency of service on the part of all the opposite parties passed the impugned order holding that all of them are jointly and severally liable to compensate the complainant as indicated.  Aggrieved by that Order appellants have preferred the present appeal. 

4.  We heard the counsel for appellant and perused the records.  We notice that the lower forum solely relied on a judgment rendered by this Commission previously in another appeal involving identical matter.  No discussion was made over the contentions taken by the appellants herein that they have no liability for the transaction involved, supply of net book to teachers under a government scheme.  Perusing Ext. B1 circular produced by the 2^nd opposite party and also taking note that purchase and distribution of laptop to school teachers was intended to equip them with the skills of information technology we find that a close scrutiny of the contentions raised by the 2^nd and 3^rd opposite parties/appellants with reference to Ext. B1 circular was called for to determine whether they had joint liability with the 1^st opposite party to compensate the claim made if at all the laptop purchased was found to be defective.  Going through the circular we find that the teachers who are covered by the scheme had to collect netbooks from the companies who have been short listed and selected by the opposite parties directly paying the price.  Evidently the 2^nd and 3^rd opposite parties have co-ordinated the implementation of the scheme with no direct involvement in the transaction.  No doubt purchase of laptop under the scheme could be made by teachers only from the manufacturer selected by the opposite parties. But their role is limited to implementation of the project as stipulated under Ext. B1 circular.  When that be so, it cannot be stated that they have got direct involvement in the purchase and supply of netbooks to the teachers who participated in the project.  Fixing joint liability on the 2^nd and 3^rd opposite parties with 1^st opposite party for the reason they have co-ordinated the implementation of the project is unsustainable.  The 1^st opposite party, manufacturer has not resisted the claim of the complainant.  The liability to compensate the complainant as ordered by the lower forum vested only with the 1^st opposite party/manufacturer/2^nd respondent.  Order passed fixing joint liability on the appellants/2^nd and 3^rd opposite parties as well in the complaint by the lower forum shall stand vacated. 

Appeal is allowed directing refund of the sum deposited by the appellants for entertaining the appeal on their application. 

Parties are directed to suffer their respective costs. 

                                                                                        JUSTICE S.S. SATHEESACHANDRAN  : PRESIDENT

BEENA KUMARY. A         : MEMBER

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