By. Smt. Renimol Mathew, Member:-
The complainant purchased a Laptop namely Chirag laptop-14 D 22 for a sum of Rs.17,770/- on 17.05.2011 at a camp conducted by opposite party at Government High School, Panamaram. At the time of purchase opposite party offered 3 year warranty. But in the month of October 2012 the laptop stopped its functioning. The complainant informed this to opposite party over telephone, also he registered a complaint in their service center. According to their advice complainant entrusted the laptop at a shop named “ Karmi Infosis” at Mananthavady. On February 2013 they given back the system un repaired, the reason was that the system was not repairable, keyboard and other components of the system are not available and cannot be repaired. Thereafter several times complainant requested to the opposite party either to repair the system or to replace it with a new one. But nothing happened so far. Again complainant sent a notice to the opposite party but there is no reply or any action from the side of opposite party. Hence she filed this complaint. According to complainant this is deficiency of service on the part of the opposite party. So he prays for an Order to replace the laptop with a new one or to return the bill amount with interest, also prays for cost and compensation.
2. Notice sent to opposite party and Notice received on 29.07.2013 but not present before this Forum, hence opposite party is set ex-parte and proceeded with the case.
3. On considering the complaint, affidavit and documents the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
4. Points No.1 and 2:- Complainant filed chief affidavit and Ext.A1 series and A2 series documents were marked. Ext.A1 series are the purchase Bill and Annexure-1 given by opposite party to the complainant of Rs.17,770/- and Ext.A2 series are the copy of the Letter with Postal Receipt. Ext.A1 series shows that on 17.05.2011 complainant purchased a Chirag-14 D 22 Laptop from opposite party. According to complaint after few months it became defective. Complainant took all necessary steps to inform this to opposite party but opposite party was not ready to provide proper service to the product sold by him. The act of the opposite party caused much hardships and inconveniences to the complainant. Due to the failure of system lots of data has been lost and it caused much difficulties to the complainant in connection with her job. There is no evidence to the contrary. So we are of the opinion that the act of the opposite party is nothing but deficiency in service. So complainant is entitled to get compensation.
In the result the complaint is partly allowed. Opposite party is directed to replace the laptop with a new one or to return the cost of laptop that is Rs.17,770/- (Rupees Seventeen Thousand Seven Hundred and Seventy) only with 10% interest from 17.05.2011, also he is directed to pay Rs.3,000/- (Rupees Three Thousand) only as cost and compensation. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 22nd day of October 2013.
Date of Filing:26.06.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1(Series). Purchase Bill and Annexure-1. Dt:17.05.2011.
A2(Series). Copy of Letter and Postal Receipt. Dt:17.03.2013.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
