Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
24th day of February 2023
CC 115/22 filed on 25/03/22
Complainant : Secretary, Athirappilly Gramapanchayath,
Vettilappara P.O., Thrissur – 680 721
(In Person)
Opposite Party : Manager, Hypertech Systems,
Opp. Kochukodungallur Temple, Nr. Ironbridge,
Kollam – 691 013.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
The facts of the Case, in brief, are as follows:
The complainant, Athirapally Grama Panchayath, represented by its Secretary, purchased computers and accessories, including monitors, from the opposite party as per the tender dated 19/07/2017. An amount of Rs 2,51,100/- (Rupees Two lakh fifty-one Thousand one hundred only) was paid against Invoice No. HS 1303 dtd. 06/09/2017 to the opposite party as the price of the entire computers and accessories. The opposite party offered a 5-year comprehensive onsite warranty from 06/09/2017 to 05/09/2022 vide warranty letter numbered HTS/KLM08092017 dated 08/09/2017 at the time of purchase. Meanwhile, one of the monitors they supplied with serial No MMLXNSS002717062B94212 has not been working since 09/11/2021. Accordingly, the complainant intimated the same with the opposite party and demanded replacement vide letter No.A3-1609/2021 dtd-10/11/2021 as per the warranty. The opposite party denied the claim stating that the computer monitor does not come under a comprehensive warranty. On 06/12/21, the complainant sent a reminder to the opposite party again regarding the matter through a letter with reference number A3-1609/2021. As a Grama Panchayath Office, the complainant is responsible for various tasks such as development and tax collection and was faced with the constraint of purchasing a new monitor. Hence the complainant invited a tender for a new monitor vide notice A3-1609/2021 dated 02/02/2021 and bought a monitor worth Rs. 9,200/- (Rupees Nine thousand two hundred only) from another company to substitute the damaged monitor supplied by the opposite party. The complainant tried to get a refund from the opposite party for the damaged monitor they had provided, but their attempts were unsuccessful. Hence this complaint.
2) On receiving the complaint, notice was issued to the opposite party, whereas the opposite party neither appeared before the Commission nor submitted any version. Hence proceedings against the opposite party were set ex-parte, and the Case was posted for the complainant's evidence.
3) When the Case came for evidence, the complainant filed the proof affidavit in which they affirmed and explained all the averments stated in the complaint in detail. The complainant produced six documents marked as Exts. A1 to A6. Ext. A1 is the true copy of Invoice No.HS 1303 dtd.06/09/2017 for Rs.2,51,000/- issued by the opposite party. Ext. A2 is the true copy of Warranty letter No.HTS/KLM08092017 dtd.08/09/2017. Ext. A3 is the true copy of Letter No.A3-1609/21 dtd. 10/11/2021 sent by the complainant to the opposite party. Ext. A4 is the true copy of Letter No.A3-1609/21 dtd.06/2/21 sent by the complainant to the opposite party. Ext. A5 is the true copy of Quotation No.A3-1609/21 dtd. 02/02/2022 by AthirappillyGramapanchayath Office. Ext. A6 is the true copy of Tax Invoice No.A511 dtd. 09/02/22 for Rs.9,200/- issued by JRS Systems & Services, Chalakkudy.
4) The Commission reviewed the affidavit filed and perused the documents produced in detail. We are convinced that the complainant only had to purchase a fresh monitor because the opposite party denied the warranty. Ext.A2 document is sufficient to prove the warranty. In the Ext. A2 warranty letter, the opposite party specifically mentioned that “5 yrs Comprehensive Onsite warranty (This guarantee provides you with free repairs of your console, including parts)”. The monitor is an important part of a computer. Hence the opposite party cannot evade from repair/replacement of the concerned monitor as alleged in the complaint. As far as a Grama Panchayath, is concerned the complainant must maintain timely and comprehensive data on the Local Self Governance systems. Hence, computer systems and their accessories are extremely necessary for a day to day functioning and completion of official proceedings. Otherwise, it will seriously affect the development and welfare activities of the area. All the earnest attempts of the complainant to get the refund back from the opposite party in time became futile. It is evident from the documents produced by the complainant. Such irresponsible conduct towards a Grama Panchayath Office is a serious breach of service and improper dealing by the Opposite Party. The documents produced by the complainant reveal the callous attitude of opposite party. The act of the opposite party tantamount to deficiency in service and unfair trade practice. The misdeeds of the Opposite Party have inflicted financial loss, mental agony and hardship on the complainant. The opposite party necessarily have to compensate the complainant.
5) The Opposite Party had not cared to enter an appearance or file the written version before the Commission despite receiving the Commission's notice to that effect. In the absence of evidence to the contrary, the Commission considers that there is a contractual obligation on the part of opposite party to rectify the defects or replace the monitor within a reasonable time. The opposite party’s conscious failure to submit their written version amounts to an admission of allegations levelled against them by the complainant. The Hon'ble NCDRC expressed the same view in the order dated 09/10/2014 in RP 578/2017 [2017 (4) CPR 590].
In the result, we are inclined to accept the proof affidavit and allow the complaint. The opposite party is directed to pay the complainant a sum of Rs. 9,200/- (Rupees Nine thousand two hundred only) towards refund of the purchase cost of the new monitor, with 12% interest p.a. from the date of its purchase, i.e. from 02/02/21, till realisation. They are also directed to pay the complainant a sum of Rs. 5,000/- (Rupees Five thousand only) towards the cost and compensation of this complaint, with 12% interest p.a., from the date of this order, till realisation.
The opposite party shall comply with the above direction within one month of receiving a copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 24th day of February 2023.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 true copy of Invoice No.HS 1303 dtd.06/09/2017 for Rs.2,51,000/-
issued by the opposite party.
Ext. A2 true copy of Warranty letter No.HTS/KLM08092017 dtd.08/09/2017.
Ext. A3 true copy of Letter No.A3-1609/21 dtd. 10/11/2021 sent by the
complainant to the opposite party.
Ext. A4 true copy of Letter No.A3-1609/21 dtd.06/2/21 sent by the complainant
to the opposite party.
Ext. A5 true copy of Quotation No.A3-1609/21 dtd. 02/02/2022 by
AthirappillyGramapanchayath Office.
Ext. A6 true copy of Tax Invoice No.A511 dtd. 09/02/22 for Rs.9,200/- issued
by JRS Systems & Services, Chalakkudy.
Id/- President
