Present: 1. Sri. P.K. Sasi, President.

                                          2. Smt. Sheena.V.V, Member.

                                          3. Sri. M.P. Chandrakumar, Member.

                                          30^th day of April 2015

                                      C.C.532/14 filed on 26.9.14

Complainant         :  Itty Jose, S/o. Jose, Puthukkara House,

                                P.O. Kuttur, Kottekkad, Thrissur Dt.

                                (By Sri. A.D. Benny, Advocate, Thrissur-3)

Opposite party      :  HCL Infosystems Limited, Rep. by Managing Director,

                                Panampilly Nagar, 1^st Floor, 3319/53, Maneturambil,

                                Thandayil Lane, Kochi, Ernakulam.        

                                                O R D E R 

By Smt. Sheena.V.V, Member:

          The case of the complainant is that the complainant had entrusted his Tab with the opposite party on 22.3.2014 for repairing.  But, the opposite party has inserted 8 GB instead of 16 GB.  The complainant demanded to insert 16 GB and the opposite party is noted the number 1394 in service call note.  The working of Tab is not properly because of 8 GB memory.  So, this is a deficiency in service on the part of opposite party.  So, the complainant sent a lawyer notice on 8.7.2014, but it was returned as addressee left.  There is no remedy so far.  Hence the complaint.

          2. The Forum sent a notice for appearance of opposite party, but that notice returned stating left India.  So substitute service was taken by the complainant and subsequently published paper produced and name called.  But, there is no appearance from the part of opposite party.  So, set exparte.

          3. The complainant filed proof affidavit and 5 documents produced.  It was marked as Exts. A1 to A5.  Ext. A1 is the purchase bill to show the price of the Tab and Ext. A2 is the service call note numbered as 1394.  In Ext. A2 CE observations and action takes recorded as “Tab received on 22.3.14 with 16 GB and mode ready on April 15^th 2014 with 8 GB but customer refused to receive it and demanded 16 GB there is no stock available on 16 GB.  Finally customer received on 2.7.14 with 8 GB PCB and Tab is working good.”  From these we could find that the complainant is received the tab after repairing under protest.  There is no evidence to the contrary.

          4. In the result the complaint is allowed and the opposite party is directed to insert 16 GB memory into the complainant’s Tab with compensation Rs.1000/- (Rupees one thousand only) and cost Rs.2000/- (Rupees two thousand only) within one month from the date of receiving the copy of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30^th day of April 2015.

          (Sd)                                      (Sd)                                        (Sd)

M.P. Chandrakumar,                Sheena.V.V,                                      P.K. Sasi,

Member.                                  Member.                                  President.

                                                Appendix

Complainant’s Exhibits:

Ext. A1:  Bill dt. 13.6.13.

Ext. A2:  Copy of service call note.

Ext. A3:  Copy of lawyer notice dt. 8.7.2014.

Ext. A4:  Postal receipt.

Ext. A5:  Unclaimed notice.

                                                                                          (Id)

                                                                                      Member