NCDRC

NCDRC

RP/2596/2008

HCL IFOSYSTEMS LIMITED & ANOTHER - Complainant(s)

Versus

SHRI B. RAM MOHAN REDDY - Opp.Party(s)

MR. NEERAJ PAL SHARMA

13 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2596 OF 2008
 
(Against the Order dated 25/03/2008 in Appeal No. 569/2008 of the State Commission Andhra Pradesh)
1. HCL IFOSYSTEMS LIMITED & ANOTHER
Corporate Office, E-4, 5&6, Sector XI,
Noida
Uttar Pradesh - 201 301
2. HCL INFOSYSTEMS LIMITED,
Front Line Division Office, Plot no.44, Dwarakadas Colony, Chikoti Gardens, Begumpet,
Hyderabad
Andhra Pradesh - 500 080
...........Petitioner(s)
Versus 
1. SHRI B. RAM MOHAN REDDY
Resident of 104, LIC Colony,
Hyderabad
Andhra Pradesh - 500 080
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. T.C. Krishnan, Advocate
For the Respondent :
In person

Dated : 13 Feb 2013
ORDER

Petitioners were the opposite parties before the District Forum. Complainant/respondent purchased one Beanstalk Neo all in one computer system from the petitioners for Rs.99,900/- on February, 13 -2- 2005. It started giving trouble from 21.4.2005. On being informed, respondent No.2/opposite party No.2 (petitioner herein) sent Technician on 21st April, 2005, 21st June, 2005, 22nd March, 2006, 5th April, 2006 and 12th March, 2007. In spite of repeated efforts made, the problem could not be solved. Finally, the product was handed over by the respondent to the petitioners which was delivered back on 12th March, 2007 after charging Rs.18,500/- on the ground that product was out of warranty. It was alleged that soon after the delivery the system collapsed again. Legal notice was served to which reply was sent by opposite party No.2. Being aggrieved the complainant filed a complaint before the District Forum. Petitioners in spite of service did not appear. They were proceeded ex-parte. District Forum taking the facts mentioned in the complaint duly supported by the affidavit in evidence filed by the respondent, which remained unrebutted and uncontroverted, allowed the complaint and directed the opposite parties jointly and severally to pay Rs.99,990/- with interest @ 9% p.a. from 14th April, 2005 till realization. Rs.8,000/- were awarded by way of compensation and Rs.1,000/- as cost. -3- Petitioners being aggrieved filed an appeal before the State Commission which has been dismissed at the admission stage by observing as under: vidently notices were served. They cannot turn round and say that notices were not served. They cannot throw blame against each other for responding to the notices. Though they were aware as to the gravity of the matter and having chosen not to contest, they cannot be permitted to say that they be llowedto contest the case and request a remand to the District Forum. They could not show any bonafides on their part in not contesting the matter. Therefore, they have rightly taken a decision to contest. The ex-parte order is as efficacious as contested order. If we may say so, more efficacious as they conceded the claim by not contesting the matter. Moreover, the Act is meant for speedy disposal of the mattes. Despite the fact that notices were served, the opposite parties have taken time on one ground or other. After knowing that an adverse order was passed against them, they preferred the appeal and requested that they be given an opportunity to contest the matter. Obviously, they must have thought that there was no scope for contesting- more so in the light of admitted documents. The complainant is an advocate. He promptly gave notices and made correspondence whenever the system was failed. The fact that the appellant repeatedly sending their technicians would itself show that there was persistent problem. We do not see any merit in the appeal. This is only a case to prolong the proceedings. [Emphasis supplied] We agree with the view taken by the foras below. The allegations made by the respondent in his complaint duly supported by his affidavit -4- in evidence remained uncontroverted and unrebutted. District Forum rightly taking into account the facts stated in the complaint to be correct allowed the complaint and directed the appellants/opposite parties to pay the price of the goods alongwith interest. No ground for interference is made out. Dismissed. While admitting the appeal operation of the impugned order was stayed subject to deposit of Rs.1 Lakh before this Commission. Respondent was put at liberty to withdraw the same. Respondent states that the amount has not been withdrawn. Office is directed to release the sum of Rs.1 Lakh deposited by the petitioners to the respondent alongwith accrued interest, if not already withdrawn. Petitioners are directed to pay the balance amount within eight weeks from today, failing which the respondent would be at liberty to execute the order. On payment of the entire amount, respondent is directed to hand over the computer in the condition it is now to the petitioners.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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