By: Smt. R.K.Madanavally, Member
Brief facts:-
The complainant herein a registered, Co operative bank. They had purchased a wipro Net power Z 1551 power system from opposite party No.3 on 5-10-13. As per the invoice and quotation given by opposite party. dated 27.9.13, there was three year warranty for the product including all hardwares.
The said system became defective on 17.8.15. The complainant informed the complaint to opposite parties though telephone, email and Rgd. Letter. Thereafter one of the service men from opposite parties inspected the system and found that the mother board of the server system had been failed. But thereafter there was no response from the opposite parties and they did not take any steps to cure the defects. Instead, it was informed by them that the system should be respond by the complainant at their own cost. The complainant submits that since the system became complaint during the warranty period, the complainant is not responsible to repair the same. It is the duty of the opposite parties to repair or replace the system.
Thereafter the complainant sent lawyer notice to all opposite parties. Though they received the notice, they neither sent reply, nor turned up.
Since the system was in trouble, the complainant, bank was forced to make alternative arrangements. Due to the defective service on the part of the opposite parties caused much loss, damage and difficulty to the complainant. They even lost the datas also. All the above facts caused to file this complaint.
All opposite parties were absent and their name called and set exparte.
The complainant filed Chief Affidavit and their documents were marked as Ext. A1 to A19. Ext. A1 dated 27/9/13 is the quotation issued by the opposite party No.3, Ext. A2 is the invoice, Ext. A3 is the receipt for Rs.107000/- issued by opposite party No.3. Ext. A4 and A5 are the letter and certificate issued by the electrician. Ext. A6 and A7 are the photo copies of the complaint sent to opposite party No.1 and opposite party No.2 respectively. A8 and A9 are postal receipts. Ext. A10 is the postal acknowledgment card. Ext. A11 to 13 are the copy of the lawyer notice issued by the complainant, infavour of opposite party No.1, 2 and 3 respectively. Ext. A14 to A16 are the postal receipts and Ext. A17 to A19 are the postal acknowledgments.
Since there was no contra evidence, the case of the complainant has been proved. All the above documents will proove the complainants case. On perusal of the documents it was seen that though several complaints and notice sent to opposite parties, they were very negligent on supplying their service. That itself shows their deficiency in service. Since the complainant is a bank, the defects caused to the system would affect not only the functioning of the bank, but also the day to day transactions of the general public.
So all opposite parties shall liable to compensate the complainant jointly and severally.
Hence in the interest of justice we order that, all opposite parties shall jointly and severally liable to pay Rs.107000/- tot he complainant, which was received by opposite parties as per Ext. A3 along with a compensation for Rs.50,000/- towards the mental agony and hardships suffered by the complainant and a cost of Rs.10,000/- within one month from the date of receipt of the copy of this order, failing which opposite party shall further pay 9% interest upon the above amount form the date of pronouncement of this order till realisation.
Dated this 9th day of May, 2016
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A19
Ext.A1 : Quotation issued by the opposite party No.3
Ext.A2 : The invoice
Ext A3 : Receipt for Rs.107000/- issued by opposite party No.3.
Ext A4 : Letter to the electrician
Ext A5 : Certificate issued by the Electrician
Ext.A6 : photo copies of the complaint sent to opposite party No.1
Ext.A7 : photo copies of the complaint sent to opposite party No.2
Ext A8 : Postal Receipt
Ext A9 : Postal Receipt
Ext A10 : Postal Acknowledgment card.
Ext.A11 : Copy of the lawyer notice issued by the complainant to opposite party No.1
Ext.A12 : Copy of the lawyer notice issued by the complainant to opposite party No.2
Ext A13 : Copy of the lawyer notice issued by the complainant to opposite party No.3
Ext A14 : Postal receipts
Ext A15 : Postal receipts
Ext.A16 : Postal receipts
Ext A17 : Postal Acknowledgment
Ext A18 : Postal Acknowledgment
Ext A19 : Postal Acknowledgment
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
