O R D E R

By  Sri.C.T.Sabu, President

          The facts of the case: The complainant purchased one E Tech UPS, 1000VA(130702 from opposite party on 2/7/13.  One year warranty was  acquired for the purchase.  But within 9 months 3 times Ups got complained and repaired.  Finally on 4/4/2014 complainant requested for replacement of the same.  And the opposite party took the UPS from the complainant on 6/4/14.  But not replaced the same.  Hence this complaint filed.  For the cost and compensation, complainant claimed Rs.8,500 as cost of the UPS and Rs.50,000/- as compensation.

          On receiving notice from the Commission, the opposite parties appeared through their counsel and filed detailed version denying the allegations of the complainant.  The opposite parties admitted that the complainant has purchased the UPS from the opposite party.  But the defect was caused to the UPS due to overload by working more instruments than the prescribed one.  They have contended that the board of the UPS got burnt and the opposite parties repaired the same in time.  Every time the UPS went of the opposite party given a spare and repaired  the UPS.  The UPS has got burnt for 3 times.  The opposite party reminded the complainant that, not use any other equipments other than computers.  But the complainant failed to comply the conditions with regard to the usage of UPS.  They also contended that even the defect was due to the negligent usage by the complainant, she should have made the manufacturer as a necessary party to the complaint.  So the complaint is bad for non joinder of necessary parties. The complainant not mentioned any manufacturing defect.  And the opposite party cannot replace the UPS which was not having any manufacturing defect.  As he is a dealer, he is liable for the service guarantee only.  The opposite party has done his best on that aspect.  The complaint is not maintainable and has to be dismissed as there is no  bonafides with regard to the allegations made by the complainant.

          Points for consideration are that :

1)Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?

2)If so what are the reliefs and costs ?

          Then the case came for evidence, the complainant was examined as PW1 and the documents produced by him are marked as Exts.P1 and P2.  1^st opposite party also was examined as RW1.  The complainant filed detailed proof affidavit and explained all the averments made in the complaint.  The opposite parties also filed detailed counter proof affidavit by denying the allegations made by the complainant.

          We have thoroughly gone through the averments  of the complaint, contentions of the version and the proof affidavits filed by both parties and the depositions of both parties.  In the version the opposite parties taken a specific pleading with regard to the nonjoinder of necessary parties as the  manufacturer is snot impleaded in the party array.  In the cross examination the complainant admitted that she has failed to implead the manufacturer.  Moreover no commission was taken out to show the defect of the alleged UPS purchased by the complainant.  To that aspect also the complainant  has not given any satisfactory answer.  Without any expert opinion we are not in a position to  evaluate the defect of the UPS.  From the document Ext.P2 guarantee card produced by the complainant it can be seen that the UPS is manufactured by one Thomson’s Electronics Laboratory as the manufacturer.  Complainant failed to implead the manufacturer, even though there was a specific pleading with regard to the non joinder of necessary parties.  As to our opinion the complainant failed to prove her case in all aspects and we are inclined to dismiss this complaint.

          In the result the complaint stands dismissed.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30^th day of  October 2021.

Sd/-                                                             Sd/-

Sreeja.S                                                       C.T.Sabu

Member                                                      President

                                      Appendix

Complainant’s Exhibits

Ext.P1 Bill dtd.21/7/2013

Ext.P2 Guarantee card

Complainant’s witness

PW1 – Shamsitha

Opposite Parties witness

RW1 - Santhosh

                                                                                           Id/-

                                                                                       President