By: Smt.  Mini Mathew,   Member    
    The complainant filed this complaint against the opposite parties for getting a relief from the Forum.
    The case of the complainant in brief is that he is a school teacher and he booked a Laptop of the 1st opposite party after paying an amount of Rs.17700/- and the 1st opposite party delivered the said Laptop to the complainant at IT@School, Civil station, Malappuram in the presence of the 3rd opposite party.   At the time of purchasing the Laptop the opposite parties offered three years warranty to the product.  But with in two months from the date of purchase complainant noticed some defects to the Laptop and contacted the 1st opposite party through customer care number 18601800425 mentioned in the warranty card but they did not attend the complaint.   Subsequently during the warranty period on several occasions the Laptop became defective and he entrusted the same for repair and they informed him that they cured the defects but unfortunately the defects still remains.   The above said act of the opposite parties  is a clear deficiency in service which caused financial loss, mental agony and other distress to the complainant.   Hence this complaint.

    All the opposite parties entered appearance and filed their version.   Through the version opposite party No.1 contended that opposite party No.1 received the complaint regarding  the Laptop in question only on 22/2/14 which was registered as complaint No.8504177191 and due to the  wrong contact number the opposite party No.1 was unable to contact the complainant.   After that on 24/2/14 another complainant was received and registered as 8504195543 and opposite party No.1 repaired the Laptop and returned on 7/3/14 to the complainant.   Thereafter no complaint was received by the opposite party No.1 with respect to the Laptop.    

    Another contention put forward by opposite party No.1 is that there is no deficiency in service or negligence on the part of opposite party No.1.   Hence the complainant has no cause of action against opposite party No.1.   According  to opposite party No.1 they have rendered its service readily and promptly without any delay to the complainant and still they are ready and willing to perform its parts of obligation under the warranty contract.   Further opposite party No.1 alleges that complainant has failed to show that the Laptop was having any manufacturing defect and was beyond repair.

    Opposite party No.2 and 3 entered appearance and filed their version and according to them, the above said transaction was under a Govt. Scheme called ICT Scheme and they are only the project officer and Co-ordinator of the said scheme for and on behalf of the Govt.  The purchase of Laptop, selection of the brand, payment and after sales service was exclusively on the complainant and 1st opposite party.   So these opposite parties are not connected to the said dealings and they have nothing to do with the grievances of the complainant.  They have only arranged a common plat form for the short listed companies and the teachers to supply Laptop for cheaper price without accepting any remuneration.   They have no responsibility regarding the financial matter.   As per the terms and conditions of the sale the 1st opposite party alone is liable to the complaint.

    The main points that arise for consideration are as follows:-
    (1) Whether the opposite parties are deficient in service.
    (2) Relief if any?
    In order to prove the case of the complainant, complainant filed a proof affidavit.   Along with his complaint he filed on e document dated 10/10/14 (A1) issued by opposite party No.1 to the complainant  after receiving the Laptop for repair.   From this   we can already seen that the Laptop was not working during that period.   On the basis of the available materials on record it is found that the complainant had purchased a Laptop from 1st opposite party.   As per the averments in the complaint and proof affidavit, it is seen that the Laptop became defective and the said defect was not cured by the opposite parties in spite of the complainant's repeated request.  It is the bounden duty of the opposite party No.1 to  act as per the terms and conditions of the warranty.  He did not care to do so.

    The opposite party No.2 and Opposite party No.3 produced one document and marked as Ext. B1, which is the circular issued by  opposite party No.2.    

    Even though opposite party No.2 and 3 claims that they have only arranged a common plat form for the short listed companies and the teachers to supply the Lap top for cheaper price is not correct.   The booking was made to them, the goods were exhibited at the office of the opposite party No.3 and the purchasing was made at Malappuram.   Since it is a Govt. agency who offer good quality and cheaper price, the teachers community were instigated to purchase the goods.   

    His Lordship Justice Sri.P.Q.Barkath Ali the Hon'ble President of the State Commission in E.A.No.A/13/617 in the judgment dated 31-03-2014 in which the State Project Office, IT@School Project, Thiruvanathapuram is the appellant as follow as.   “The main contention of the appellant is that their duty is give a common platform for the short listed companies and teachers who intent to buy Lap top/Net Books and they have no responsibility for any other matter including that of any financial transactions or selection of any particular brand of equipments to teachers and that appellants are only the facilitators.   There is no substance in the above contention.   The Lap Tops are admittedly supplied under Lap Tops and Net books for teachers scheme conducted by the appellants.   So it is at their instigation the complainant has purchased the Lap Top.   There fore the appellants cannot now contended that they have nothing to do with the supply of the Laptop to the complainant.” 

    On a careful analysing of the evidence on records this Forum came to the conclusions that all the opposite parties are jointly and severally liable to compensate the loss of the complainant.

    In the result, the complaint is allowed and we order that all the opposite parties shall refund the sum of Rs.17700/-    (Seventeen Thousand and Seven Hundred only) to the complainant with interest @ 10% per annum from the date of complaint till the date of payment along with Rs.10000/- as compensation towards mental agony and hardships suffered by the complainant and Rs.5000/- as cost within one month from the date of receipt of copy of this order.   After paying the amount opposite party No.1 can get back the Lap top from the complainant.      

    Dated  this 31st   day  of  May ,  2016
                    
                                        
                                    A.A.VIJAYAN, PRESIDENT
 

 R.K.MADANAVALLY , MEMBER                                           

   MINI MATHEW, MEMBER
                                         
                               

APPENDIX
Witness examined on the side of the complainant        :   Nil
Documents marked on the side of  the complainant        :   Ext.A1
Ext.A1          :   Customer call from service slip.
Witness examined on the side of the opposite party      :   Nil
Documents marked on the side of the opposite party    :   Nil

                  
                                                    
                                    A.A.VIJAYAN, PRESIDENT
 

 R.K.MADANAVALLY , MEMBER                                             

 MINI MATHEW, MEMBER