D.O.F. 05.03.2013

                                            D.O.O. 03.01.2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. K.Gopalan                   :                President

                   Smt. Sona Jayaraman K.  :               Member

                   Sri. Babu Sebastian         :               Member

Dated this the 3^rd day of January,  2014.

C.C.No.65/2013

Mercy Thomas T.T.

Merins, Chavaranagar,                                         :        Complainant

Iritty P.O.

Kannur

PIN : 670 706

1. Sreeraj

    Coordinator,

    R.P. Infosystems Pvt. Ltd.

    Aysha Tower

    43/2614 K&K5, Sastha Temple Road,             :         Opposite Parties

    P.O. Kaloor, Kochin – 682 018

2.  Rajeev

     Manager

     R.P. Infosystems Pvt Ltd

     Padannappalam

     SS Kovil Road, Thampanoor,

     Thiruvananthapurm – 695 001

O R D E R

Sri. Babu Sebastian, Member

          This is a complaint filed under Section 12 of Consumer Protection

 Act for an order directing the opposite party to refund an amount  of `19220 as cost of the laptop and an amount of  `15000 as compensation.

          The case of the complainant in brief is as follows : The complainant is a teacher working at St. Mary’s Higher Secondary School, Edoor.  On 16.05.2011, complainant purchased “Chirag 14 D @2 Lap Top through IT @ school, Kannur from the opposite party ie R.P. Infosystem Pvt. Ltd. at the office of the IT @ school, Kannur for `19,220 with assurance of onsite warranty up to March, 2014.  After sometime, August 2012 onwards the keyboard of the laptop has not been working properly and it became completely dead.  Thereafter the complainant sent complaint through internet.  On receiving the complaint opposite party registered the complaint.  Thereafter complainant contacted the opposite party several times but opposite party did not respond.  Hence this complaint.

After receiving the complaint Forum sent notice to opposite party.  Eventhough proper notice was received and sufficient time was granted to 1^st opposite party, he remained absent and subsequently he was set exparte.

The main point to be considered in this matter is whether there occurred any deficiency in service on the part of the opposite party.

The evidence consists of the chief affidavit filed by the complainant in lieu of chief examination and Ext.A1 to A6 marked on his side.  The complainant has filed chief affidavit in accordance with his pleading. Ext.A1 is the order booking Form dated 17.02.2011 that shows acknowledgment of the advance amount of `1500 and Ext.A2 is the Tax invoice and final bill dated 16.05.2011 for the amount of `17,770 and Ext.A3 to A6 are the document which are supporting the complainant’s case is true.

The opposite party has not made appearance and defended their case. The documentary evidence itself proves the case of the complainant.  Hence there is no need to hesitate to believe the case of the complainant and come into the conclusion that there is deficiency in service on the part of the opposite party.  The opposite party were not even ready to appear before the Forum which definitely means they have no case.  Hence we are of opinion that there is deficiency in service on the part of the opposite parties and they are liable to meet the loss sustained by the complainant.  The complainant is entitled to get `19,220 as the price of the laptop and `3000 as compensation together with `1000 as cost of this litigation.  So that the complainant’s case is answered partly in favour of the complainant.

In the result, the complaint is allowed directing the opposite parties to refund an amount of `19,220 (Rupees Nineteen Thousand Two Hundred and Twenty only) as cost of the laptop and `3000 (Rupees Three Thousand only) as compensation and `1000(Rupees One Thousand only) as cost of this litigation to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party under the provisions of Consumer Protection Act.         

          Dated this the 3^rd day of  January, 2014.

                         Sd/-                        Sd/-              Sd/-

                       President               Member          Member   

APPENDIX

Exhibits for the Complainant

A1.  Order Booking Form dated 17.02.11.

A2.  Tax invoice dated 16.05.11.

A3.  Copy of Circular from State Project Office dated 19.01.11.

A4.  Copy of warranty – Terms and conditions.

A5.  Copy of Warranty card

A6.  Document showing warranty period.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT