THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.48/2014

Dated this the 22^nd  day of August 2014.

            ( Present:  Sri. G. Yadunadhan, B.A., LLB.                              :  President)                      

                             Sri. L. Jyothikumar, B.A., LLB.                                :  Member

                             Smt.Beena Joseph, M.A                                         : Member

                                                                                                                   ORDER

By Beena Joseph, Member:

          The petition was filed on 28.01.2014.  The case of the complainant is that he had purchased one Laptop computer on 25.03.2011 by paying Rs.17,757/- from the first opposite party.  Second opposite party arranged to supply the Laptop for the complainant .  After some months of purchase the Laptop was not working properly.  The complainant approached  the opposite party No.1 to rectify the defects.  The Laptop was not attended by their service personal.  The opposite party No.1 was not taken any steps to redress the grievances of the complainant.  The complainant is alleging deficiency of  service on the part of the opposite parties.  Hence this petition .

            Notice issued to the opposite parties were  served.   But they were called absent and set exparte on 1.08.2014.  The complainant examined as PW1 and Ext.A1 and A2 were marked  on the complainant’s side.  Here First opposite party sold the Laptop to the complainant.  Second opposite party arranged the supply of the Lap top for the complainant.  From the beginning itself the complainant approached the  opposite party No.1 to get the Laptop rectified.  The first opposite party had not taken any steps to rectify the defects.  The Laptop was not attended by their service personal.  More over the attitude of the opposite party by not appear before the forum shows the negligence.  The forum is of the opinion that opposite party No.1 has not attended the complaints of the petitioner in a proper manner.  Hence we have come to the conclusion that there was negligence and deficiency in service on the part of the first opposite party and for the same reason complainant is entitled for relief.

In the result petition is partly allowed and the first opposite party is directed to refund Rs.17,757/-(Rupees seventeen thousand seven hundred and fifty seven only) towards the cost of the Laptop with compensation of Rs.2000/-(Rupees two thousand only) to the complainant within one month from the date of receipt of the order.   Failing which  opposite party No.1 is directed to pay the interest at the rate of 10% for the total amount from the date of order till realization.  After paying the amount opposite party No.1 can get back the Laptop from the complainant.

Pronounced in the open court this the 22^nd  day of August 2014;

Date of filing:28.01.2014.

                                         SD/-PRESIDENT                      SD/-MEMBER                         SD/-MEMBER

                                                                                                               APPENDIX

Documents exhibited for the complainant:

A1. Receipt  for Rs.16270/- submitted by the complainant dtd.12.02.2011.

A2. Cash receipt issued by the opposite party to the complainant dtd.25.03.2011 for

      Rs.17,757.28.

Documents exhibited for the opposite party:

Nil

Witness examined for the complainant:

Nil

     Witness examined for the complainant:

PW1Balakrishnan.K.K.(Complainant)

Witness examined for the opposite party:

None

                                                                                                                        Sd/-President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT