consumer case(CC) No. CC/09/357

P.T.Syriac
...........Appellant(s)

Vs.

Online IT Shop
...........Respondent(s)


BEFORE:
1. Bindhu M Thomas
2. Santhosh Kesava Nath P


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


ORDER

CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Present.

Sri.Santhosh Kesavanath.P. President

Smt.Bindhu M.Thomas Member

Sri.K.N.Radhakrishnan Member.

CC.No.357/09

Friday, the day of 15th, January, 2010.

Petitioner. P.T.Syriac (Capt. Retd)

Pokkamathanam (H)

Mariathuruth.P.O.

Varissery, Kottayam.

Vs.

Opposite party. M/s. Online I.T.Shop

K.S.C.A.R.D.B. Bldg

Near Mathrubhoomi

M.C.Road, Kottayam.

O R D E R

Smt.Bindhu M.Thomas, Member.

The crux of the complaint is as follows.

The complaint purchased a computer from the opposite party on 9-10-07 vide invoice No.2084 for Rs.19,000/-. Some of the components supplied were malfunctioning. On enquiry the opposite party told the petitioner to go for better products and he purchased them for Rs.3350 on 8/12/07 vide invoice No.2691. Thus the complainant spent a total amount of Rs.22,350/- for the said computer. Presently the complainant has a comprehensive AMC with the opposite party which was taken immediately after the warranty cover was over spending Rs.1500/-. From the very first day of purchase itself the computer started showing problems. Whenever the complainant reported the complaints, the opposite party used to send representative after 3, 4 or 5 days and they never completed the work or repaired it properly. From September of 2009 the problems in computer is accute and even after so many repairs

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they could not rectify the defect. The computer is going off. while working and the complaints still persists. Hence the complainant filed the complaint claiming refund of purchase price after deducting the depreciation and Rs.25,000/- cost and compensation.

Notice was served to the opposite party. But the opposite party called absent hence set exparte.

Points for consideration are:

(I) Whether there is any deficiency in service or unfair trade

practice on the part of opposite party.

2.

Reliefs and costs.

Evidence consists of deposition of the petitioner and exhibits A1 to A4 series.

Point No.1

The complainant deposed that he purchased a computer from the opposite party on 9th October, 2007 and it started showing complaints from the first day of its purchase itself. The invoice showing the price of the computer is produced and marked as exhibit A1. As per exhibit A1, the price of the computer is Rs.19,000/-. The complainant further deposed that he had to spent an additional amount of Rs.3350/- for the purchase of good parts instead of its defective parts supplied by the opposite party within two months of its purchase. The invoice showing the abovesaid purchase for Rs.3350/- is produced and marked as exhibit A2. The complainant next deposed that the computer showed defects from the first day of purchase itself and the complaints persisted always. The complainant submitted that eventhough so many servicings were done and job cards were issued only some job cards are produced before the forum. The job cards thus produced are marked as exhibit A4 series. The annual maintenance contact entered between the complainant and opposite parties spending Rs.1500/- is produced before the forum and it is marked as ext.A3. Even after spending a huge sum of money for the purchase and maintenance of the computer, it is still not complaint free. As the opposite party has not entered appearance or filed any version the allegations of the complainant

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against the opposite party remain unchallenged. As no is evidence adduced by the opposite party to disprove the complainant's allegations we are constrained to rely upon the evidence placed on record by the complainant. After hearing the complainant and perusing the exhibits we feel that the opposite party is deficient in service. Point No.1 is found accordingly.

Point No.2.

The complainant has used the defective computer reluctantly for two years and two months. The defective computer might have caused mental agony and loss of money to the complainant. So in our view the ends of justice would be adequately met by directing the opposite party to pay Rs.15,000/- to the complainant.

In view of the findings in point No.1 and Point No.2 the complaint is allowed. The complaint is ordered as follows.

The opposite party will refund Rs.15,000/- to the complainant. The opposite party will also pay Rs.2000/- as compensation for the mental agony suffered by the complainant and Rs.1000/- as the litigation cost to the complainant. Before receiving the refund money, the complainant will deposit the computer with the opposite party.

This order will be complied with within one month of receipt of its copy failing which the above mentioned sums will carry interest @ 9% p.a. till realisation.