By Jayasree Kallat, Member The complainant Rajesh Abraham has filed the petition seeking relief from the opposite party, alleging deficiency in service on the side of opposite party. The complainant had purchased an assembled computer from the opposite party paying Rs.26,500/- on 05.11.2007. The system became defective within one and a half years of purchase. The parts of the computer were entrusted with opposite party on 18.04.2009 for repair. The opposite party has not returned back the repaired parts till this date. Complainant had repeatedly requested the opposite party to return back the computer parts as he was in need of the system for his work. The complainant is alleging negligence and deficiency on the part of opposite party and seeking return back the parts of the computer making them defect free and also compensation for the mental agony hardship and loss of his work. Notice was sent to the opposite party. The notice returned with endorsement refused. Complainant had taken substitute service and paper publication against the opposite party was produced by the complainant. Opposite party was called absent and set exparte.Complainant was examined as PW1 and Exts. A1 and A2 were marked on Complainant’s side. The case of the complainant is that he had purchased a computer from the opposite party for his work. The computer became defective within one and a half years of purchase. The parts of the computer, Motherboard, Processor, 1 GB D.D.R-2 Ram etc. entrusted with opposite party for repair were not returned back after repair till this date. The complainant is alleging that due to the deficiency in service of the opposite party he had to suffer his work. From the affidavit, the evidence and the documents the case of the complainant is proved. In the result petition is allowed and opposite party is directed to return back the amount of the computer parts which were taken for repair. The cost of the Motherboard Rs.2808/-, Cost of the GB.RamRs.2080/- and cost of the processor Rs.4880/-are to be returned back to the complainant along with a compensation of Rs.1000/- within 30 days of receipt of the copy of the order. Pronounced in the open court this the 18th day of September 2010. SD/-PRESIDENT SD/- MEMBER SD/-MEMBER. APPENDIX Documents exhibited for the complainant: A1.Photocopy of receipt dtd.18.04.09. A2.Photocopy of Tax invoice No.11484 dtd. 05.11.2009. Documents exhibited for the opposite party Nil Witness examined for the complainant: PW1.Rajesh Abraham (Complainant) Witness examined for the opposite party: None Sd/- President //True copy// (Forwarded/By Order) SENIOR SUPERINTENDENT.
| | [HONOURABLE MRS. Jayasree Kallat, MA.,] Member[HONOURABLE MR. G Yadunadhan, BA.,LLB.,] PRESIDENT[HONOURABLE MR. L Jyothikumar, LLB.,] Member | |