IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of August, 2016
Filed on 28.11.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.348/2015
between
Complainant:- Opposite Party:-
Sri. Stephen Gracious Technology
Punnackal Purayidom West of CSI Church
Omanappuzha Sea View Ward
Pathirappally P.O. Alappuzha
Alappuzha
(By Adv. C. Parameswaran)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant purchased a computer and peripherals from the opposite party for Rs.32,500/- on 3.5.2011. It was not functioning smoothly from the very inception of its purchase. He approached the opposite party for rectifying the defects of the said computer, but it was not rectified and they informed that the computer is not working properly due to the defects of its mother board. Now also the computer has not been working due to some defects which is still unknown to the opposite party. Owing to the defects of the computer, the same is kept ideal by the complainant. It has caused mental agony and hardships to the complainant. The acts and omissions committed by the opposite party amounts to deficiency in service. Hence the complaint filed.
- Notice against the opposite party was not served. Hence the complainant had taken substitute service and produced the paper publication. Opposite party was called absent was set ex-parte.
3. Complainant filed proof affidavit and one document produced which marked as Ext.A1.
4. The points came up for considerations are:-
- Whether the complaint is maintainable?
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to get reliefs and costs?
5. According to the complainant, the computer and peripherals which he purchased on 3.5.2011 from the opposite party for Rs.32,500/- was not functioning smoothly from the very inception of its purchase. Complainant produced the cash bill issued by the opposite party which marked as Ext.A1. Ext.A1 proves that the value of the computer is Rs.34,100/- and it has 3 years on-site warranty and 5 years warranty for parts. According to the complainant, in spite of the repeated requests to rectify the defects of the computer so far the opposite party did not rectify the defects of the computer. The affidavit by the complainant is not challenged by the opposite party. Since the complaint occurred within the warranty period, the opposite party is bound to rectify the defects of the computer.
In the result, complaint is allowed. The opposite party is directed to rectify the defects of the computer at free of costs and return it within 2 weeks after the receipt of this order along with one year warranty. The complainant is directed to hand over the computer to the opposite party within 2 days from the date of receipt of this order. The opposite party is further directed to pay Rs.3,000/- (Rupees three thousand only) towards compensation and Rs.2,500/- (Rupees two thousand and five hundred only) towards costs of this proceedings.
Dictated to the Confidential Assistant transcribed by her corrected by me and
pronounced in open Forum on this the 31st day of August, 2016.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Evidence of the complainant:-
Ext.A1 - Cash bill
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
