By. Sri. K. Gheevarghese, President :-

The complaint filed under section 12 of the Consumer Protection Act 1986.

The complaint in brief is as follows:- The Complainants ordered for a Desk Top Computer and connected accessories such as printer, UPS, T.V Tuner Card, Modem etc. on 19.9.2008. The items were partly supplied with a slight charge from the ordered items only on 10.10.2008. The supply was entirely carried out on 19.11.2008 and received the full amount Rs.27,686/-. The Opposite Party did not give along with the items the Warranty Card, Users Manual, CPU, Key Board etc. The warranty card and users manual are not given to the Complainant even after the repeated request. The modem supplied was not working and the T.V tuner card is in effect working in random condition. The registered letter sent by the complainant to patch up the difficulties are not responded. Later the modem is replaced and it is in working condition at present. The non supply of warranty card and users manual are deficiency in service. The UPS and Printer are working erratically. There may be an order directing the Opposite Party:-

1. To supply branded CPU, Key Board and Monitor with users manual and warranty card from the original manufactures.

2. To direct the Opposite Party to reiterate the tuner card, T.V monitor, printer and extent the warranty periods of the above to compensate the non working period.

3. To direct the Opposite Party to pay Rs.3,000/- as cost of this petition and direct the Opposite Party to supply the assured gift which was promised at the time of booking the order.

2. The Opposite Party filed version and it is in short as follows. The 1^st Complainant ordered for the personal computer (ESYS) during the time of festival offer. There was no request from the Complainant for tuner card and printer. The booking was made in the festival period initially later in the absence of any payment it was canceled and again ordered for the branded P.C (ACER) and the accessories. The Complainant was not ready to satisfy the terms and conditions at the time of booking for the sale of the computer. As per the 2^nd order and the computer was installed in the house of the Complainant. Even after the instalation of the computer and other accessories the full amount was not paid. At that time too Rs.20,000/- was paid on 11.10.2008 towards the cost of the computer and other accessories. Later Rs.5,000/- was paid to the Opposite Parties on 28.10.2008 leaving the payment incomplete. When the balance amount was demanded the 2^nd Complainant ill treated the Opposite Party. The complaint filed is as a vengeance on their side for the demand of the amount due from the Complainant. The liability on the purchase of the computer and accessories were closed by the Complainant only on 19.11.2008. The users manual card was not issued to the Complainant being it was not received from the 2^nd Opposite Party. The service to the Complainant was done in time when it was asked for. The Complainants were given the direction on the procedure of operations by the staff sent from the shop of the 1^st Opposite Party. The Service Engineer of the 1^st Opposite Party rendered service to the Complainant not demanding any additional remuneration. The computer and accessories were working in good condition. The items supplied to the Complainant are of brand new products in the same configuration as demanded. The Complainants are entitled for warranty from the bill date onwards. The complaint is not based on genuine reasons instead it is the products of vengeance of the Complainant.

3. The 2^nd Opposite Party filed version it is in short as follows. The CPU, Monitor and key board are the products of them purchased from the 1^st Opposite Party. The monitor is a products of HCL. The products such as CPU, Key board and Monitor are available in a sealed form with appropriate warranty. This Opposite Party is not responsible for any sale of the second hand goods sold by the dealer. The claim of a user in the warranty period are to be addressed to the authorised service center. The terms of warranty mandates that if any defect is noticed it is to be addressed to the authorised service center alone. On recording the complaint in the nearest authorised center it is attended by the concerned and the service are rendered without any delay. This Opposite Party is not responsible for the service and its defects rendered by the 1^st Opposite Party. Allegation of the Complainant in effect is with Modem, T.V tuner card, and remedial action was not timely taken or responded. The working of UPS and printer are not even connected to this Opposite Party. The 2^nd Opposite Party is responsible only for item sold first hand in sealed condition for the purchase of a second hand items the 2^nd Opposite Party is not responsible. There is no breach of any contract or deficiency in service and there is no defect in manufacture of the items sold. The allegation averred in the Complainant is not being noticed by the Opposite Party. The complaint is to be dismissed with cost to the Opposite Party.

4. The points in consideration are:-

1. Is there any deficiency in service or any unfair trade practice in the sale of computer and accessories to the Complainant?

2. Relief and cost.

    

5. Points No.1 and 2:- The evidence in this case consists of proof affidavit of the Complainant and 1^st Opposite Party. Exts.A1 to A7 and Exts.B1 to B9 the documents. The Complainant is examined as PW1 and the 1^st Opposite Party is examined as OPW1.

6. The case of the Complainant is that they are not supplied the branded new items of computer and its accessories. The warranty card and users manual that are to be supplied at the time of delivery was also not delivered to this Complainant in purchase of the items. Ext.A3 shows that the delivery of the Computer and other accessories were on 10.10.2008 of worth Rs.27,686/- including monitor. The 2^nd Complainant on examination admitted that the items delivered and those are specified in complaint are different. In the oral testimony of the 2^nd Complainant it is also admitted that all the material in Ext.A3 is delivered to the Complainant except one item. But the complaint does not consists of that plea it is also admitted by PW1 that as per Ext.A2 the T.V tuner card and printer were given. The CPU, Key board are the products of 2^nd Opposite Party according to the 1^st Opposite Party. The users manual and warranty card are not issued to the 1^st Opposite Party which are to be delivered by the manufacturer of the products the 2^nd Opposite Party. It is also admitted in the oral testimony of the 1^st Opposite Party that the users manual and the warranty card are not issued to the Complainant at the time of delivery of the products. The 2^nd Opposite Party pleaded that users manual and warranty card are given when the sealed and packed items are delivered to the party. The Complainant was not given the warranty card and users manual when the products was sold by the 1^st Opposite Party to the Complainant. The other items specified in the complaint belong to different company including HCL who is not arrayed as a party in this case. The non supply of users manual and warranty card at the time of selling the items is an unfair trade practice and deficiency in service. The Complainants have no case that the items sold to them are apart from the brands which they ordered for. It is further admitted in the

oral testimony that the monitor was replaced. There is no whisper about the warranty of other item of the different companies. From the above discussion we are in the opinion that the computer and other accessories supplied fall short of fair trade practice and the complainants are to be compensated. It is not shown in evidence to establish that the 1^st Opposite Party is the authorised dealer of the 2^nd Opposite Party. The users manual and warranty card are responsible to be issued by the manufacture of the products. Which are delivered at the instance of 1^st sale not at the time of sale of second hand products. The Complainant are to be compensated for the non delivery of users manual and warranty card along with cost.

In the result, the complaint is partly allowed. The 1^st Opposite Party is directed to compensate the Complainant with Rs.3,000/- (Rupees Three thousand only) for the sale of computer and its accessories without warranty card and users manual along with cost of Rs.500/- (Rupees Five hundred only). This order is to be complied by the 1^st Opposite Party within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 30^th January 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainants:

PW1. Augustine. 2^nd Complainant.

Witnesses for the Opposite Parties:

OPW1. Shibu Thomas. Business.

Exhibits for the Complainants:

A1. Advertisement.

A2. Order Form. dt:19.09.2008.

A3. Slip issued by 1^st Opposite Party.

A4. Copy of Letter. dt:19.11.2008.

A5. Copy of Letter. dt:25.11.2008.

A6. Acknowledgment Card.

A7. Copy of Letter. dt:06.11.2008.

Exhibits for the Opposite Parties:

B1 Copy of Order Form dt:05.10.2008.

B2. Copy of Sale Bill.

B3. Copy of Receipt. dt:11.10.2008.

B4. Copy of Receipt. dt:28.10.2008.

B5. Copy customer service record card dt:13.04.2009.

B6. Authorization Letter. dt:05.12.2008.

B7. Paper Advertisement dt:25.08.2009.