By: Smt. Mini Mathew, Member
The case of the complainant is that he had purchased a HCL VI Tablet form the 1st opposite party paying a price of Rs. 7800/- on 14-5-13. After purchasing the said Tablet, the next day onwards it had problems and it did not work properly. The complainant contacted the opposite party No1 on the next day itself and the 1st opposite party gave the complainant another Tablet. Within one month itself its camera stopped functioning and it was given to the 1st opposite party for service and opposite party No1 promised to return the same within 20 days after repair. After one month the complainant was given another Tablet and it also had the same problems and it was also given for repair to opposite party No1. Even after repair of the same it did not work properly hence the complainant told the manager of the show room to return Rs. 7800/- and take back the Tablet. The manager of the 1st opposite party informed the complainant that he would settle the issue after contacting the Head office and he took the Tablet and he further informed him that he would contact him with in 2 days. Since he did not call the complainant he went to the show room and enquired about the Tablet and at that time he informed that he is unable to return the full amount but he would return only Rs. 4000/-. Since the complainant was not satisfied with this offer he preferred this complaint before this Forum to get his grievances redressel. Opposite party No2 is the manufacturer of the Tablet.
Notice was issued to the opposite parties from this Forum. Opposite party No.1 entered appearance and filed their version along with some documents. Since there was no appearance, opposite party No2 is set exparte.
As per the version submitted by opposite party No.1 it is admitted that a Tablet HCL VI was sold to the complainant on a consideration of Rs.7800/-. Opposite party No1 further admitted that the Tablet had so many problems and he is ready to refund the value of the Tablet to the complainant. This willingness is informed to the complainant also. The above complaint was filed only to harass and defame the opposite party No1 before the public.
Complainant filed chief affidavit and Ext. A1 and A2 marked on the side of him. Opposite party No1 not filed counter affidavit documents also not marked. No oral evidence was adduced by both sides
Points to be considered are:-
Whether the opposite parties are deficient in their service?
If so, what is the relief and cost.
From the evidence placed before this Forum it is proved that complainant had purchased a Tablet from opposite party No1 for Rs.7800/- it is also brought in evidence that the Tablet was not functioning properly from the very first day itself. It can also definitely be seen that there is negligence on the part of the opposite parties. From the attitude of the opposite parties much difficulties and hardships are caused to the complainant. Opposite party No1 had admitted that the Tablet had complaints and he is ready to refund the value of the Tablet ie Rs. 7800/- to the complainant. Hence this complaint is allowed.
In the result, we order that the opposite parties shall jointly and severally pay a sum of Rs. 7800/- towards the value of the Tablet and Rs. 2500/- towards mental agony and hardships along with Rs.500/- as cost.
Dated this 31st day of July , 2014
Sd/-
K.MOHAMMED ALI , PRESIDENT
Sd/-
R.K.MADANAVALLY , MEMBER
Sd/-
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A2
Ext. A1 : Retail Invoice, issued by 1st opposite party, dated, 14-May-2013
Ext. A2 : Photo copy Service Bill issued by 1st opposite party, dated,11-10-2013
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
Sd/-
K.MOHAMMED ALI , PRESIDENT
Sd/-
R.K.MADANAVALLY , MEMBER
Sd/-
MINI MATHEW, MEMBER
