Date of filing : 12-07-2011
Date of order : 27-08-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.170/2011
Dated this, the 27th day of August 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Shaji Mathew, } Complainant
Ananiurumpil House,
Attenganam.Po,
Anandasram.Via. Kasaragod.Dt.
(In Person)
Sandeep.N.A, } Opposite party
S/o.Appu.N.K,
Proprietor,
Xn Computers& Data Care, Bengachery complex,
Vyapara Bhavan, Kanhangad.
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Shaji Mathew is that he had purchased a computer from the opposite party. The Monitor of the computer became defective within the warranty period and was given to the opposite party for replacement. But the opposite party is evading from replacement stating one or other reasons. Hence the complaint for necessary relief.
2. Opposite party remained absent inspite of receipt of notice sent by registered post. Therefore opposite party had to be set exparte.
3. Complainant was examined as PW1. Ext.A1 marked. Ext.A1 is the retail invoice cash bill of the computer, UPS and modem. The date of purchase of the computer was 21-07-2008.
4. The price of LCD monitor of LG company is `9,900/- and have 3 years warranty. Six months before the date of this complaint the monitor became defective and was given to opposite party for replacement. The opposite party informed the complainant that a new monitor has sent in his name but was not received so far. For the last 5 months the opposite party was evading replacement stating one or other reason. Moreover, the complainant had BSNL internet connection for which he is paying monthly rent. Due to the irresponsible attitude of the opposite party replacement of the monitor was not made so far. Eventhough complainant was unable to use internet connection, he is compelled to pay the bills for the last 6 months. Due to the deficiency of service on the part of opposite party, complainant had monetary loss and mental agony. The computer was entrusted to opposite party in march 2011. Eventhough the complainant made several requests to opposite party for the repair of computer, opposite party did not heed the same. Ofcourse there is deficiency of service on the part of opposite party and it has to be penalized.
In the result, the complaint is allowed and opposite party is directed to pay `9,900/- to the complainant or replace the monitor with a new one with a cost of `1000/-. Time for compliance is 30 days from the date of receipt of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Dt.21-07-2008 Cash bill issued by Opposite party
PW1. Shaji Mathew.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
