D.o.F:6/8/11
D.o.O:6/8/12
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.196 /2011
Dated this, the 6th day of August 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.RAMADEVI.P : MEMBER
SMT.BEENA.K.G : MEMBER
Vinodkumar.M.V, Pranavam,
Thimiri, PO, Cheruvathur, : Complainant
Kasaragod.
(in person)
Sooraj, Microms Computer Hardware : Opposite party
Opp. Mukunda Hospital, Payyanur.
(in person)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
Tersely stated the case of complainant is that the opposite party installed a computer in his house on 14/9/2010 as per the quotation issued on 11/9/2010. When the bill and warranty card is asked, opposite party told that it will be given within 2 days if he comes to his shop. Though thereafter he approached opposite party many a times, opposite party returned him without issuing bill and warranty card stating excuses. In the meanwhile some defects developed to the monitor. When informed, opposite party told that it is not possible to do home service by coming to Thimiri. Apart from that the opposite party insulted him. After that complainant approached another service centre for servicing his computer. Thereafter complainant sent a registered notice to opposite party on 9/6/11 submitting his problems about the bill warranty card and the service. But opposite party did not send any reply. Hence the complaint.
2. According to opposite party the complainant has not purchased any computer system from his shop. If he is selling any system then he will issue the bill and warranty which is mandatory. Complainant might have purchased defective system from some other shop and now turns against him. He is an unnecessary party to the proceedings. Hence the complaint is liable to be dismissed.
3. Complainant examined himself as PW1. Exts.A1 to A3 marked on his side. Opposite party filed affidavit in lieu of examination – in –chief and faced cross examination by the complainant. Both sides heard. Documents perused.
4. The points arose for consideration are:
1. Whether the complainant purchased the computer system from the shop of opposite party?
2. Whether there is any unfair trade practice or deficiency in service on the part of opposite party?
3. What order as relief and cost?
5. Point No.1&2 are discussed together for the sake of brevity:
To prove that the system is purchased from the shop of opposite party, complainant produced the CPU before the Forum. Complainant stated that inside the CPU on various components the sticker of the opposite party’s firm containing the signature of the opposite party is affixed. He opened the CPU and inside the CPU we see the sticker containing the name of the Firm of opposite party with a signature is fixed in 5 different hardware components.
6. As contended by opposite party had the computer been purchased from any other shops then how the sticker containing the signature is found in the hardware components is remained unexplained by opposite party. Therefore it is clear that opposite party himself is the seller of the computer system of the complainant.
7. The sale of a computer system without any documents such as bill and warranty card and disowning the sale when defects are pointed out is an unfair trade practice on the part of the trader. The opposite party is therefore liable to compensate the complainant for the loss and hardships the complainant suffered.
Hence the complaint is allowed and opposite party is directed to issue purchase bill and warranty card pertaining to the sale of computer to the complainant . He is also directed to pay a compensation of `10,000/- with a cost of `2,000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which opposite party shall further liable to pay interest @12% for `10,000/-from today till payment.
Exts:
A1-copy of letter issued to OP
A2- postal acknowledgment
A3- Quotation issued by OP
MEMBER MEMBER PRESIDENT
