By Smt. Sheena V.V., Member :
The case of the complainant is that the complainant bought a brand new computer named DELL ALL IN ONE PC, manufactured by 2nd opposite party company from 1st opposite party dealer for an amount of Rs.35,300/- with the bill bearing No.MS/1286 dtd. 27/06/2014. After a month, the complainant noticed that the computer is working very slowly and it was taking too much time for getting ON and OFF, to complete other tasks and also to load website pages while browsing the internet. The complainant intimated to the 1st opposite party and a technician checked the computer and said that the computer was working properly. He informed that the delay in loading pages may be due to the poor internet connectivity. A technician from the internet service provider checked the internet connection and found that there wasn’t any problem with data connectivity. Meanwhile, on 10/02/2015, while working the computer got shut off automatically and when the complainant tried to ON it again, it showed the message BOOT OPTION ERROR. The technician of 1st opposite party serviced the computer and the same started to work again, but the previous problem still persisted.
2) After 6 months, it again got shut off automatically and when tried to ON it again, it showed the same message BOOT OPTION ERROR. Hence on 12/09/2015, the technician took the computers to 1st opposite party’s shop by giving a customer call ship bearing No.106 dtd. 12/09/2015. After two months, the complainant received a letter dtd.02/11/2015 from the 1st opposite party asking the complainant to pay Rs.14,000/- to repair the computers. The reason they stated that the warranty period of the computer is over, hence the system can obly be repaired at a cost. Now the computer is with 1st opposite party. The product of 2nd opposite party sold by the 1st opposite party to the complainant was of poor quality. It was not functioning properly just after one month of the purchase and got damaged and repaired several times during the warranty period. There was a willful negligence on the part of the opposite parties in giving proper
Service on time and due to the unnecessary delay in giving service, the complainant could not use the product properly. The act of the opposite parties amounts to deficiency in service. Hence the complaint.
3) On receiving the notice of the complaint, both opposite parties are continuously absent, so set ex-parte and the case is posted for complainant’s evidence.
4) When the case is posted for complainant’s evidence, the complainant filed proof affidavit and 3 documents produced which are marked as Ext. P1 to P3. Ext. P1 is the retail invoice dtd.27/06/14, Ext. P2 is the customer call slip dtd.12/09/2015 and Ext. P3 is a letter dtd. 02/11/2015 issued by 1st opposite party to the name of Mr. Shaji P. Mathew, Plamootil House, Chaladdudy.
5) We have gone through the documents and affidavit of the complainant, she had repeatedly stated that now the computer is with 1st opposite party. From Ext. P2 documents issued by 1st opposite party, stated that complaint reported as “not on (system dead)” and checked reported status “Not working”. From this document, we could convince that the system was failed on 12/09/2015 onwards. There is no contra evidence adduced by opposite parties to show the warranty of system. So believing the words of complainant, we could find that the opposite parties had committed deficiency in service.
6) In the result, the complaint is partly allowed and the opposite parties are directed either to cure the defect of the system at free cost or to substitute with a new one along with Rs.5,000/- (Rupees Five thousand only) as cost and compensation within one month from the date of receipt of copy of this order and hand over the system to the complainant.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of June 2017.
