BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SRI. P. SUDHIR | : | PRESIDENT |
SMT. SATHI. R | : | MEMBER |
SMT. LIJU B. NAIR | : | MEMBER |
C.C.No: 304/2016 Filed on 17.06.2016
ORDER DATED: 30.04.2018
Complainants:
1. | Sunny, Soumya Bhavan, Mukkolakkal, Kanyakulangara, Vembayam P.O., Trivandrum – 695 615. |
2. | Rakhi Kumari C.V., Soumya Bhavan, Mukkolakkal, Kanyakulangara, Vembayam P.O., Trivandrum – 695 615. |
Opposite parties:
1. | The Proprietor, Techno World, T.C.26/416(1), Opposite Hotel Hilton, Tiran Chambers, Punnen Road, Trivandrum – 695 001. |
2. | The Managing Director, Zebronics (India) Pvt. Ltd., 6C, 1st Floor, Valliammal Road, Vepery, Chennai – 600 007. |
This C.C having been heard on 05.04.2018, the Forum on 30.04.2018 delivered the following:
ORDER
SMT. LIJU B. NAIR, MEMBER:
Case of the complainant is as follows. Complainant purchased a desktop computer for Rs.13,900/- from the 1st opposite party on 15.10.2015. She was doing Medical Transcription course through online conducted by Keltron. It has got warranty for a period of 1 year. Within this period it became defective and so she gave the computer to the opposite party for repair. Till now it is with the opposite parties and so she approached this Forum for refund of the purchase price along with cost and compensation.
Opposite parties filed joint version admitting receipt of the system for repair. Their contention is that the computer was infected with virus and they have rectified it. On May 2016 again the complainant approached the opposite parties for repair and on inspection it was revealed that the components in the monitor was damaged due to lightning. These type of defects can’t be cured in warranty. So they received the original bill, sent the monitor for repair with Zebronics the manufacturer. 30 days time was told to the complainant. Within this period itself the monitor was replaced by the company and was received by the 1st opposite party. It was intimated to the complainant through phone. But they were reluctant to accept the same and filed this complaint before this Forum claiming refund and compensation. Opposite parties affirms that they are ready to handover the monitor to the complainant, if they are ready to bring the CPU before this Forum, they will handover the same after verifying the working condition.
Issues
- Whether there is any deficiency of service from the part of the opposite parties?
- If so, reliefs and costs if any?
Issues (i) and (ii)
Complainant filed affidavit along with documents which are not marked. Opposite parties also filed affidavit. No documents is seen filed by the opposite parties. Gone through the pleadings of both sides. Though several documents were seen produced by the complainant, nothing has been marked in evidence. On going through the pleadings, it is seen that replacement after the defective monitor is ready with the opposite parties. CPU is still with the complainant. So we find it just and proper to order the complainant to receive that monitor from the opposite parties within a week of receipt of this order. Considering the facts and circumstances, no order on cost and compensation.
In the result, complaint is allowed. Opposite parties are directed to handover the replaced monitor to the complainant within a week of receipt of this order. Free extended warranty for a period of one year from the date of receipt is also ordered for the replaced monitor. No order on cost and compensation.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30th day of April, 2018.
Sd/- LIJU B. NAIR | : | MEMBER |
Sd/- P. SUDHIR | : | PRESIDENT |
Sd/- SATHI R. | : | MEMBER |
SL
