IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 14th day of July, 2022.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 257/21 (Filed on 27-10-2021)
Petitioner : Ajay Sankar (minor)
Rep. by his father Shaiby Chacko,
S/o. K.C. Chacko,
Kandathil House,
Manarcadu P.O.
Kottayam – 686019
Vs.
Opposite party : Popular Computers,
Kizhakkethil Buildings,
Star Junction,
M.C. Road, Kottayam.
GSTIN/UIN32AKLPM 1789K1ZP
Code – 32, Kerala .
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under Section 35 of the Consumer Protection Act, 2019
The brief of the complaint is as follows.
The complainant is minor and the case is filed by his father. The complainant had purchased a computer from the opposite party on 30-07-2020 for an amount of Rs.44,000/-. After sometime, the board of the computer became defective. The computer was given to the opposite party for repair. But the opposite party had not returned the computer after doing the repair works. The complainant purchased a mobile phone for continuing the online study. Due to the use of mobile phone for the online study, the complainant suffered problems for his ears and head. The complainant had to take treatment from Manarcad Hospital. The opposite party had not returned the computer till date. The act of the opposite party is unfair trade practice and deficiency in service. Hence this complaint.
On admission of the complaint, copy of the complaint was duly served to the opposite party. The opposite party failed to file their version or to appear before the Commission to defend their case. The opposite party was set exparte. The complainant filed proof affidavit and marked documents as Ext.A1 to Ext.A3.
On the basis of the complaint and evidence adduced by the complainant, we would like to consider the following points.
- Whether there is unfair trade practice or deficiency in service on the part of the opposite party?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider Point No.1 and 2 together.
Ongoing through the complaint and evidence on record, it is clear that the complainant had purchased a computer from the opposite party on 30-07-2020 for a total consideration of Rs.44,000/-. Ext.A1 is the tax invoice dated 30-07-2020 issued by the opposite party for an amount of Rs.44,000/-. Ext.A1 clearly states that no warranty for adaptors, software, damages to any parts of the system or accessories due to lightining, mishandling, products received with broken / burnt pins, cracks or tampered warranty stickers will be rejected. Ext.A2 is the tax invoice dated 27-08-2021 for the purchase of a mobile phone. Ext.A3 is the medical bill from St. Mary’s Hospital, Manarcad.
The computer became defective after sometime of the purchase and the computer was given to the opposite party for repair. The opposite party failed to adduce evidence as to why the defect of the computer was not rectified. In the absence of contrary evidence, we are not in a position to infer that the defect of the computer was not a rectifiable one. On the basis of the above findings, it is clear that the opposite party in not returning the computer to the complainant after rectifying the defects, doing the repair works as they promised amounts to deficiency in service on their part. We allow the complaint and pass the following Orders.
- The opposite party is directed to rectify the defects of the computer and hand it over to the complainant in a perfect working condition, failing which give Rs.36,975/- to the complainant within 30 days from the date of receipt of this Order.
- The opposite party is directed to give Rs.2,000/- as compensation with cost Rs.1,000/- to the complainant.
The Order shall be complied within 30 days from the date of receipt of this Order. If not complied, the amounts will carry 6% interest from the date of Order till realization.
Pronounced in the Open Commission on this the 14th day of July, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of tax invoice dtd.30-07-20
A2 – Copy of tax invoice dtd.27-08-21
A3 – Copy of St.Mary’s Hospital
Exhibits marked from the side of opposite party
Nil
By Order
Assistant Registrar
