IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 28TH DAY OF FEBRUARY 2015
Present: - Smt. G.Vasanthakumari, President
Adv. Ravisusha, Member
Adv.M.Praveen Kumar, Member
CC.No.11/2015
Sajeer Kumar.V : Complainant
Peediyakkara Padinjattathil
Neduvathucheri
Chavara South
V/S
1. Toshiba India Pvt.Ltd : Opposite parties
B.C.C.Chamber
Kurisupally Road, Ravipuram
Ernakulam
2.Hydrogen Infocom
1st Floor, Bishop Jerome Nagar
Kollam -1
3.Nortech Infonet Pvt.Ltd
(Toshiba Service Centre, Kollam)
Silsila Building
Sankar Nagar
Opposite Desinganad Scan Centre
Chinnakkada
Kollam
ORDER
ADV.RAVISUSHA, MEMBER
Complainant’s case is that he purchased a Laptop model L50B 10012 from 2nd opposite party’s shop establishment on 15th August 2014 for Rs.31600/- to assist his daughter’s higher study. For that the 2nd opposite party issued an invoice No.CH.75 dated 15/08/2014 against the purchase.
While purchasing the Laptop the 2nd opposite party offered and convinced the complainant that the Laptop has three years of warranty. At the time of purchasing, 2nd opposite party registered its warranty to the complainants mail ID.
(2)
But after few days of purchase itself the Laptop started showing complaints following that after two months it completely dead. As per the direction of the 2nd opposite party the complainant returned the Laptop on 15/10/2014 to the 3rd opposite party for repair. The 3rd opposite party gave a service report.
On 20/10/2014 the 3rd opposite party returned the Laptop after replacing the hard disc. Then after two days again it is noticed by the complainant’s daughter that a back screw of the Laptop is missing and inorder to that the full system got loosed and it has again became unserviceable. Because of the continuous complaints of the Laptop as a study material the complainant’s daughter’s many classes were lost. She suffered a set back in her study. Again the complainant returned the Laptop to the 3rd opposite party to repair. The 3rd opposite party issued another service report by stating some complaints that system hang, can’t close properly etc dated 07/11/2014. But all services done by 3rd opposite party are failed. Now the Laptop is not in working condition. Hence filed this case for getting the value of Laptop along with compensation.
Opposite Parties are exparte.
The points that would arise for consideration are:-
- Whether there is any unfair trade practice on the part of the opposite parties?
- Reliefs and Costs?
Points 1 and 2:- After receiving notice from the Forum opposite parties neither appeared before the Forum nor contest the case. Hence all opposite parties were set exparte.
Complainant filed chief affidavit and two documents. The documents were marked as Exts. P1 and P2 series. Ext.P1 is the cash bill and Ext.P2 series is the service reports. On a perusal of Ext.P2 series, we can see that the disputed laptop is defective in warranty period itself. Since the opposite parties did not adduce any evidence, we are constrained to rely upon the exparte evidence adduced from the side of the complainant. Through the chief affidavit and Exts P1 and P2 the complainant proved his case. There is gross deficiency in service on the part of opposite parties. Hence the complainant is entitled to get relief.
In the result, the complaint is allowed. Opposite parties are directed to pay back Rs.31600/- (value of laptop). The opposite parties are further directed to give Rs.10,000/-
(3)
as compensation and Rs.2000/- as cost to the proceeding. The order is to be complied with within one month from the date of receipt of order.
Dated this the 28th day of February 2015. G.VASANTHAKUMARI:Sd/-
ADV.RAVISUSHA:Sd/-
ADV.M.PRAVEENKUMAR:Sd/-
Forwarded/By Order
Senior Superintendent
I N D E X
Ext.P1:- Cash bill dated 15/08/2014
Ext.P.2:- Service reports from Toshiba dated 24/10/2014, 08/11/2014 and 18/12/2014
