D.o.F:20/1/2015
D.o.O:31/03/2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.20/15
Dated this, the 31st day of March 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Prashob.K.
Govt.Polytechnic Quarters, : Complainant
Periya Po, Kasaragod 671316
Manager, Computer Care,
Ist Floor, Haneese Tower, : Opposite party
Ram Nagar Road, Kottachery, Kanhangad 670315.
(Exparte)
ORDER
SMT.P.RAMADEVI : PRESIDENT
The facts of the complainant in brief are as follows:
That the complainant purchased a Desk Top Computer system from opposite party on 22/8/12. The period of warranty for the above computer is 3 years. After 2 months of its purchase the computer was not working and the same is informed to the service centre and the service centre repaired the computer and charged the service charges. Thereafter so many occasions the computer got many complaints and all those occasions it was repaired and paid the service charges. On 2/1/15 the system was not working and given to the opposite party and the opposite party demanded service charges eventhough the product is under warranty. Now the system is with the opposite party and the complainant and his family suffering much due to the act of the opposite party and moreover the complainant is paying regularly Rs.650/- to BSNL Broad Band Internet connection without using the internet. Hence this complaint is filed for necessary relief.
On admission of complaint the Forum issued notice to opposite party. Even though the opposite party served the notice he failed to appear before the Forum. Name of opposite party called and he remained absent and set exparte.
Complainant was examined as PW1 and Ext.A1 marked. Heard the complainant and documents perused.
The specific case of the complainant is that the computer system which he purchased from opposite party was a defective one and after 2 months of its purchase it became defective and many occasions it was taken for repair and through out the repair opposite party charged service charges even though the system is having three years warranty. Eventhough the complainant stated that he was charged service charges by the opposite party, he has not produced any documents. Except the oral testimony of PW1 the complainant no single paper produced to show that he paid service charges to opposite party. Ext.A1 is the purchase bill. But according to complainant the opposite party is keeping the computer system in his custody demanding service charges. That is believable . Demanding of service charge during warranty period is unfair trade practice . The opposite party failed to appear before the forum on receipt of the notice of the forum. That means he is admitting the allegations made against him by the complainant. There is no contra evidence before the Forum. The complainant prayed for the value of the system. But considering the facts and circumstances of the case we cannot direct the opposite party to pay the purchase value of the computer system since the complainant is using the computer system 2 1/2 years.
Therefore the complaint is allowed directing the opposite party to repair the computer system of the complainant free of cost and return the same to the complainant defect free within 20 days of receipt of copy of the order and the opposite party is further directed to pay Rs.10,000/- as compensation and Rs.2000/- as cost of the proceedings. Time for compliance is 30 days from the date of receipt of copy of this order
Ext.A1- purchase bill
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
/Forwarded by Order/
SENIOR SUPERINTENDENT
