BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 418/2013 Filed on 09.10.2013

ORDER DATED: 18.02.2015

Complainant:

 

Muhammed Farook, Pezhumoodu, Poovachal P.O, Kattakkada.

 

                                 (By adv. C.S. Raj Mohan)

Opposite parties:

1. Cube IT Solution, represented by its Proprietor, T.C 14/739-2, Ganapathy Kovil Road, Vazhuthacaud, Thiruvananthapuram.

    

2. Parasaran, Cube IT Solution, T.C 14/739-2, Ganapathy Kovil Road, Vazhuthacaud, Thiruvananthapuram.

    

This case having been heard on 21.01.2015, the Forum on 18.02.2015 delivered the following:

ORDER

SRI. P. SUDHIR:  PRESIDENT

The complainant’s case is that complainant attracted by the business tactics played by the opposite party forced to purchased one Desk Top PC Wipro Computer and its accessories by paying total amount of Rs. 28,023/-.  Complainant purchased it on 17.04.2013.  Complainant was made to believe that this computer is of high quality and will meet all needs of a person using it for any purpose.  Complainant purchased the said computer for the education purpose of his children.  During the time of purchase 3 years warranty was assured by the opposite parties and stated that purchase bill is the document of warranty.  From the very beginning itself the display was not clear and several grains were seen on the screen.  It was duly informed to the opposite parties and the opposite parties pacified the complainant saying that it will be all right within one or two days.  While the computer was operated by the complainant on 12.07.2013 a sound was heard and there was no display on the screen.  Complainant immediately informed the matter to the opposite parties.  Opposite parties directed the complainant to entrust the CPU to the 1^st opposite party.  Complainant entrusted the CPU to the 1^st opposite party on 13.09.2013.  Complainant on several occasions approached the opposite party to rectify the defect of the computer and make it in working condition.  Later on 21.09.2013 opposite parties informed that computer cannot be rectified and informed that it can be exchanged with Lenovo for Rs. 12,500/-.  Complainant was shocked by the irresponsible and negligent attitude shown by opposite parties.  Complainant told that the said computer was purchased on 17.04.2013 and computer was defective within 5 months of date of purchase.  Opposite parties sent various messages to the complainant. Opposite party was callous to the complainant.  Again on 23.09.2013 complainant approached the opposite party to rectify the defects and return the computer.  But opposite party became violent and abusive towards the complainant.  The act of opposite parties caused mental agony and sufferings for the complainant.  Opposite parties are liable to compensate the complainant for loss and hardships sustained to the complainant.  The act of opposite parties amounts to unfair trade practice and deficiency in service.  Complainant prays for relief directing the opposite parties to reimburse the amount of Rs. 28,023/-, the value of Desk Top PC Wipro Computer with accessories and compensation of Rs. 10,000/- for mental agony and sufferings and Rs. 5,000/- towards costs.

Notice was issued to the opposite parties and opposite parties not appeared and opposite parties set exparte on 22.01.2014. 

Complainant filed chief affidavit and Ext. P1 marked on the side of the complainant. 

The points that arise for consideration are:-

1. Whether there is unfair trade practice and deficiency of service on the part of opposite parties?

2. Whether the complainant is entitled for the reliefs sought for?

3. What is the order as to cost?

Points (i) to (iii):- Going through the evidence of the complainant and Ext. P1 it is evident that complainant has purchased one Desk Top PC Wipro Computer and its accessories by paying the total amount of Rs. 28,023/- on 17.04.2013.  At the time of purchase 3 years warranty was assured by the opposite parties and stated that purchase bill is the document for warranty.  It is not made mentioned in Ext. P1 regarding warranty.  But no contra evidence is put forward by opposite parties.  On 12.07.2013 a sound was heard from the computer and there was no display on the screen.  Complainant entrusted the CPU to opposite parties on 13.09.2013. Complainant approached several times to rectify the defects and make it working.  Later on 21.09.2013 opposite parties informed the complainant that computer cannot be rectified and further informed that it can be exchanged with Lenovo Computer for Rs. 12,500/-.  In this case the computer became defective within 5 months of its purchase.  Complainant lastly approached the opposite party on 23.09.2013 to rectify the computer but opposite parties not turned up.  Since the opposite parties has not appeared and contested before this Forum, we are constrained to believe the exparte evidence of the complainant.  Hence considering the evidence and perusing the document it is seen that there is unfair trade practice and deficiency of service on the part of opposite parties.  The defect may be only to the CPU, but the accessories may not match with new model CPU.  So the opposite parties are directed to reimburse the amount of Rs. 28,023/- i.e; the entire amount of the Desk Top Wipro computer with accessories and opposite parties are also directed to pay Rs. 5,000/- towards compensation for the mental agony and sufferings from the complainant and Rs. 2,000/- towards cost.  When the opposite party pays all the aforesaid amounts to the complainant, complainant is directed to give back all items mentioned in Ext. P1 to the opposite parties.  Points (i) to (iii) answered accordingly. 

In the result, opposite parties are jointly and severally liable to (1) reimburse Rs. 28,023/-, the value of Wipro Desk Top Computer with accessories, (2) pay compensation of Rs. 5,000/- towards mental agony and sufferings of complainant and (3) pay Rs. 2,000/- towards cost to the complainant.  The above amounts are directed to pay within one month from the date of receipt of this order failing which complainant is eligible to get 12% interest per annum for the whole amount from the date of default till payment.  Complainant is directed to give back the Wipro Desk Top Computer with all accessories mentioned in Ext. P1when opposite parties pay the entire amount mentioned above. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 18^th day of February 2015.

 

 

 

         Sd/-

P.SUDHIR                             : PRESIDENT

 

         Sd/-

R. SATHI                               : MEMBER

 

          Sd/-

LIJU B. NAIR                        : MEMBER

 

 

jb

 

 

 

 

 

 

 

C.C. No. 418/2013

APPENDIX

 

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

          P1     - Retail invoice dated 17.04.2013 for Rs. 28,023/-  issued by 1^st O.P

 

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                             NIL

 

 

                                                                                                      Sd/-

PRESIDENT

 

jb