By Sri. Mohammed Musthafa Koothradan, Member
Brief of the complaint:-
1. The complainant purchased a computer from the opposite party. The computer had one year warranty for Software and hardware. The opposite party willfully denied the free service to the complainant's system. So he had filed a complaint before the forum. The complaint numbered as C.C.241/09. The C.C.241/09 was settled on 16-3-2010. As per the settlement terms of C.C.241/09 the complainant got 4 months additional warranty to his system and got Rs.250/- as cost. On 16-3-2010 itself the complainant gave his system to opposite party for repair. After clearing the complaint opposite party returned the system on 18-3-2010. When opposite party returned the rectified system it's C.P.U's warranty sticker was removed. Again the system was complaint on 29-3-2010 and it informed to opposite party. On 31-3-2010 opposite party inspected the system and finds the defect in the mother board and take the mother board. When opposite party take the motherboard, he had given a receipt to the complainant. As per the terms and conditions of the receipt damaged articles will give back within 4 weeks. But the repaired mother board has given after 40 days. Moreover the system's T.V. Tuner was not working properly. So the T.V. Tuner had taken by the opposite party. But the opposite party did not return the T.V. Tuner. Later the opposite party gave a secondhand T.V. Tuner to the complainant. Then 20-6-2010 the system's CPU make a ill sound and it had informed to the opposite party. But the opposite party did not take any steps for rectify the CPU's ill sound. So the complainant prays for original warranty paper of system Hardware, rectified the complaint of the system and Rs.30,000/- as compensation with costs.
2. Opposite party appeared before the forum and version filed. In the version opposite party says that the complainant filed his complaint for getting additional warranty to his system. There is no defect for the system of complainant and it was working properly. Now the existing complaint of the system is due to non install of antivirous fire-ware security. Moreover the complainant using duplicate operative system(O.S.). As per the terms and conditions of A.K.I.T.D.A. For a virus problem does not given service protection. Opposite party denies removing the warranty sticker. All other problems are caused due to non-install of antivirus system and other allegations are denied by the opposite party.
3. Both sides filed affidavit and documents as evidence. The complainant produced seven documents which are marked as Ext.A1 to A7 and opposite party produced seven documents that are marked as Ext.B1 to B7. No oral evidence adduced by both parties.
Whether opposite party had done any deficiency of service and untrade practice to the complainant. If so what is the remedy to the complainant. These are the points consider in this matter.
In this matter the complainant produced two photostat copy of warranty receipt and service bill which are issued by the opposite party. One is dated, 31-3-2010 and 29-3-2010, two dates, and the other bill dated, 14-5-2010. Even though the bills are not marked, it shows the opposite party had taken the motherboard due to the complaint of 'Boot' problem. The system's motherboard problem was cleared and opposite party returned the system. Again the system complaint in the 'T.V.tuner card', the opposite party had taken the T.V.Tuner card on 14-5-2010. These two complaint reported within the time of warranty period. The opposite party had give proper service to these two complaints. No other documents are produced by the complainant to show the further complaint.
The another contention raised by complainant about the delay for 40 days and he is asking compensation for the delay. Opposite party's version and affidavit states that the system is working properly. The complainant have not produced any documents against the contention of opposite party. Now the system with the complainant. The complainant has failed to prove any further defects to the system. Most of the documents of the complainant produced are in connection with the compensation.
The complainant purchased the system from opposite party on 24-02-2009. Both sides are admitting the purchasing date. The system had warranty for one year. As per settlement in C.C.241/09 four months additional warranty has given, that means the warranty period upto 23-6-2010. The date is over. So there is no question about the warranty card. The system is working properly. Now the only question about the compensation for the delay to return the rectified system. The complainant failed to prove his loss by the act of opposite party. The documents are produced and marked as Ext.A1 to A7 are not enough to prove his loss. So there is no chance for allowing compensation to the complainant. The opposite parties have not done nay deficiency of service or untrade practice to the complainant.
In this view we dismiss the complaint and no order as to costs.
Dated this 28th day of March , 2011.
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A7
Ext.A1 : Photo copy of the invoice dated, 25-8-2009 for Rs.200/- from opposite party.
Ext.A2 : Photo copy of the order dated, 16-3-2010 pronounced by this Forum.
Ext.A3 : Receipt for Rs.9,500/- from Secretary, Sunni Student's Federation to complainant.
Ext.A4 : Bill dated, 13-5-2010 from Electro Point, Wandoor to complainant.
Ext.A5 : Photo copy of the letter dated, 13-7-2010 from complainant to opposite party.
Ext.A6 : Postal acknowledgement card from opposite party to complainant.
Ext.A7 : Photo copy of the request dated, 16-7-2010 from complainant to Sub Inspector of Police, Wandoor Police Station.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Ext.B1 to B7
Ext.B1 : Terms and Conditions of AKITDA.
Ext.B2 : Photograph of the shop room.
Ext.B3 : Details of SSF Unit's website and print out.
Ext.B4 : Hand book of SSF Unit Election for the year 2010.
Ext.B5 : Hand book of SSF Unit Election for the year 2008.
Ext.B6 : Carbon copy of warranty receipt & service bill dated 14-5-2010
Ext.B7 : Postal envelope addressed to opposite party from complainant.
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
