By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant who is a retired P.W.D. Assistant Engineer purchased a computer from opposite party on 10-11-2007 for use by himself and for his son Sameer who is deaf and dumb child. Complainant paid Rs.23,900/- towards purchase price. The major portion of this amount was from the little savings made by his son. At the time of purchase opposite party assured that the computer was Company brand and that it has one year warranty. On 13-6-2008 the computer developed snags and stopped functioning. Though complainant informed the matter to opposite party through telephone opposite party failed to respond. Only after making almost fifteen telephone calls and after making repeated requests directly did opposite party send a mechanic repair the complaints. The mechanic examined the monitor of computer and informed that it cannot be repaired from their place and has to be send for repair. The mechanic took the monitor and brought it back after several days saying that the defects have been rectified. When he tried to connect it and switch on the computer, it did not work. The mechanic informed that the UPS is defective and has to be replaced. He then tried to connect the computer directly to the electric supply. But still the computer did not function. The mechanic informed complainant that CPU is defective. He asked the complainant to bring the CPU to the shop of opposite party. Complainant did as directed and entrusted the CPU to opposite party on 24-7-2008. Later when complaint made enquiries opposite party informed that the CPU cannot be replaced and the defect of the computer is due to the defect in the wiring system of the house. He also informed the complainant that the management of the shop has changed and he would have to contact the previous owner in case of any complaint. It is averred by complainant that he has been using TV, fridge, iron, C.D.player and other electrical gadgets in his house. That there has been no defect for the wiring system till date. Though complainant requested for repair or replacement of the computer opposite party failed to do so. Complainant alleges that opposite party has sold the computer to him misrepresenting that it is a Company brand one, when actually the computer is an assembled product. Complainant prays for refund or replacement with a Company brand computer and for compensation of Rs.15,000/- towards mental agony and hardships.<br /> 2. Opposite party though served with notice did not appear or file any version. Opposite party was set exparte on 26-9-2008.<br /> 3. Complainant filed affidavit by way of evidence on 04-10-2008. Exts.A1 and A2 marked for the complainant. Ext.A1 is the bill issued by opposite party for Rs.23,900/- to Sameer, who is the son of complainant. Ext.A2 is the warranty card which shows that there is one year warranty for the product. Complainant has established and proved the case in his favour. We find that opposite party has committed deficiency in service by not attending to the defects of the computer sold by them. This case brings to light the attitude of traders after sale of a product. Prior to purchase of a commodity the consumer is regarded as a king. After sale of the commodity the consumer is no more the king. If the product develops defects the consumer has to beg for mercy of the trader, and suffer the inconveniences and hardships silently. It is high time the traders started showing more sensitivity tot he grievances of consumers. The attempts of the trader to evade responsibility and liability on flimsy grounds has to be brought to a halt. Opposite party is guilty of unfair trade practice by evading to replace and repair the product which is defective, during the warranty period.<br /> 4. In the result we allow this complaint and order opposite party to refund a sum of Rs.23,900/- (Rupees Twenty three thousand, nine hundred only) to the complainant with interest @ 6% per annum from the date of complaint till payment along with costs of Rs.1,000/- (Rupees one thousand only) within three weeks from the date of receipt of copy of this order. On payment complainant shall return the defective computer to opposite party.<br /> <br /> Dated this 4th day of November, 2008.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> MOHAMMED MUSTAFA KOOTHRADAN, <br /> MEMBER Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 and A2<br /> Ext.A1 : The bill for Rs.23,900/- issued by opposite party to Sameer, <br /> S/o complainant. <br /> Ext.A2 : Warranty card. <br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> MOHAMMED MUSTAFA KOOTHRADAN, <br /> MEMBER Sd/-<br /> E. AYISHAKUTTY, MEMBER<br />