Date of filing   :  23-06-2011

                                                                            Date of order   :  30-05-2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.142/2011

                         Dated this, the   30^th      day of   May  2012

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P.RAMADEVI                                      : MEMBER

SMT. K.G.BEENA                                        : MEMBER

Divakaran Nair. E,                                                                } Complainant

S/o. Mundath Kunhiraman Nair,

R/at Mundath house, Balal.Po,

Hosdurg Taluk, Kasaragod. District.

(Adv.M.M.Nambiar, Kasaragod)

1. The Manager, Acer India (Pvt) Ltd,                                 } Opposite parties

     XXXII/2611 A- Shivangari 1^st floor, P.J.Antony

     Cross Road, Opposite Muthoot Honda,

     Palarivattam, Kochin.25.

(Adv.Anil.K.G. Hosdurg)

2.  The Manager, The One Zero Infosolutions

      Pvt.Ltd, Borhter’s Shopping Complex,

      Opp. Kailas Theatre, Kanhanagd.

(Adv.Mohanan Nambiar.M, Kasaragod)

                                                                         O R D E R

SMT.K.G.BEENA, MEMBER

            The complainant is alleging deficiency of service on the part of opposite party No.2 while installing new parts for his computer, purchased from opposite party during warranty period.  Opposite party No.2 collected the cost of new parts, after repair the system was not returned in time.

2.         Opposite party No.1 filed version.  Notice served to opposite party No.3 but was not appeared name called absent set exparte.

3.         According to opposite party No.1 complaint is not maintainable as the warranty period is already expired.  Complainant had purchased the computer from opposite party No.1 on 27^th December 2007, with 3 year warranty which expired on 26^th December 2010.  The warranty carries  only replacement of defective component during the 2^nd and 3^rd year for calls attended at “on site” and the customer has to pay service charges.

4.         Complainant filed affidavit in lieu of chief examination. Exts A1 to A6 marked.  Complainant  cross-examined by the counsel for opposite party No.1.  Heard both sides.  Ext.A1 is the invoice issued on 27^th December 2007 by opposite party No.2 to the complainant.  Ext.A2 is the warranty card issued by opposite party to the complainant.  Ext.A3 is the delivery challan issued by opposite party No.2 to the complainant on 22-09-2010 for `600/-.  Ext.A4 is the lawyer notice sent by the complainant to opposite party No.2 on 2-11-2010.  PW1 deposed before the Forum that he purchased the computer directly from opposite party No.2.  Opposite party No.1  has not issued any warranty card.  Usually the manufacturer is issuing warranty cards.  Complainant made complaints about the computer with opposite party No.2.  In Ext.A4 also complainant mentioned deficiency of service on the part of opposite party No.2.  Opposite party No.2 is bound to repair and deliver the system without delay. The grievance of the complainant is that opposite party charged `600/- for new spare parts within the warranty period, shows deficiency of service on the part of opposite party No.2.   Moreover, opposite party No.2 has not delivered the system after repair in time.  Opposite party No.2 has no right  to detain the system given for repair for such a long period.  Complainant’s son Deepak Kumar who was  studying in 10^th standard at that time was highly in need of a computer for his project works in connection with his education.  Due to the delay in repairing  the system and  due to the deficiency of service on the part of  opposite party complainant was compelled to provide another system on rental basis by spending huge  money.   Eventually complainant suffered untold miseries, due to the deficiency of service on the part of opposite party No.2.  On 7-6-2010 one of the staff of opposite party informed the complainant that since the systems warranty period is over by the end of 2010, they will never repair it.  Complainant has given the system for repair during warranty period.  There is deficiency of service and unfair trade practice on the part of opposite party No.2.  Even after 2 years opposite party No.2 was unable to repair and return the system intact and fit for use.

            In the result, complaint is allowed and opposite party No.2 is directed to deliver the system intact and fit for use with a compensation `2,000/- (for undue delay) to the complainant within 30 days from the date of receipt of this order.  Failing which necessary penal action will be taken considering the request   of the complainant.

     Sd/-                                               Sd/-                                                 Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1. 27-12-2007  Invoice/cash bill.

A2. Acer Desk top.

A3.Delivery Challan

A4. 2-11-2010 copy of lawyer notice.

A5.Postal acknowledgement card

A6. Photocopy of Certificate.

PW1. E.Divakaran Nair.

     Sd/-                                               Sd/-                                                   Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                                            Forwarded by Order

                                                                                         SENIOR SUPERINTENDENT