By Smt. E. Ayishakutty, Member,

1. Brief facts of the complaint is as follows:

Complainant purchased a computer system on 07-7-2007 from opposite party, who is running a shop for computer sale, service, rental used computers and accessories at Mankada by name as 'SIS WORLD INFOSYS' for an amount of Rs.23,600/- (Rupees Twenty three thousand six hundred only). Complainant paid the amount by way of cheque in favour of opposite party. Opposite party issued a detailed bill with configuration and specification. It shows that the computer system supplied by opposite party consisting of Intel PIV 3 GHZ, Gigabyte M/B, 1GB DDR, 80 GB SATA, 15 LG Monitor, DVD Writer Lu, Keyboard, Optical mouse, Internal modem Creutice speaker, ATX cabinet, Epson printer, Power com UPS, Table etc. Opposite party offered one year free service and warranties to Epson colour printer 2 years, Power com, wipro, UPS two year and colour monitor 2 years, ATX and 1 GB DDR RAM 3 years, 80 GB and SATA Hard disc 5 years.

2. The system was installed by opposite party's representative. But within 3 months from installation the system found inoperative and defective. So the complainant contacted opposite party through phone and opposite party rectified the defect. But opposite party took couple of weeks to rectify the defect. But unfortunately the system found again defective and become functionless. Complainant intimated it to opposite party through phone and later in person. But opposite party refused to settle the grievance of complainant. He then approached opposite party's father to get it repaired or to replace the system as promised and offered by opposite party at the time of purchasing of the system. But it was also in vain. At last complainant sent a registered lawyer notice to opposite party by demanding to settle the matter. But opposite party has neither replied the notice nor settled the matter.

3. Opposite party's adamant attitude even after repeated request made by the complainant to rectify the defect of the system or replace it amounts to deficiency of service and unfair trade practice. Complainant also suspects that the software installed in the system which is supplied by opposite party was not a proper and original one but was one forged by using illegal means and computer devices. Hence alleging deficiency in service of opposite party complainant filed the petition before the Forum.

4. Complainant suffered much pain, mental agony and financial loss due to the activities of opposite party. Therefore he is requesting to direct opposite party to replace the system supplied by opposite party or refund the amount of Rs.23,600/- (Rupees Twenty three thousand six hundred only) paid by complainant towards the price of the system with adequate cost and compensation.

5. Notice to opposite party returned as refused stating on the cover that opposite party's name is not “Shameem” but “Mohammed Shameem”. Then fresh notice issued in the name stated and it is served. Acknowledgement returned. Opposite party's name called absent set exparte.

6. Complainant filed affidavit and documents for evidence. Ext.A1 to A3 series marked on the side of complainant.

7. Claim of the complainant is proved. Complaint allowed. We order opposite party to refund the amount of Rs.23,600/-(Rupees Twenty three thousand six hundred only) paid by the complainant towards the price of computer system supplied by opposite party. We also direct opposite party to pay Rs.1,000/- tot he complainant as cost for this litigation. The order shall comply within one month from the date of receipt of copy of this order. On payment complainant shall return the defect alleged computer system supplied by opposite party.

Dated this 29th day of June, 2009.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A3

Ext.A1 : Bill for Rs.22,250/- from opposite party to complainant.

Ext.A2 : Receipt for Rs.23,600/- from opposite party to complainant.

Ext.A3series : Copy of lawyer notice with acknowledgement dated, 23-9-2008

issued by complainant's counsel to opposite party.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Nil

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER