State Consumer Disputes Redressal Commission
1. The Co-Ordinator, vs 1. Sainudeen.K.M, on 31 March, 2014
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/13/617 (Arisen out of Order Dated 30/05/2013 in Case No. Complaint Case No. CC/13/10 of District Malappuram) 1. THE CO-ORDINATOR,IT,SCERT SCERT BUILDING,POOJAPURA TRIVANDRUM KERALA ...........Appellant(s) Versus 1. SAINUDEEN.K.M GHSS EDAPPAL, MALAPPURAM KERALA ...........Respondent(s) BEFORE: HON'ABLE MR. JUSTICE SRI P.Q.BARKATH ALI PRESIDENT SRI. V. V. JOSE MEMBER PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL NO.617/13
JUDGMENT DATED:31.03.2014
PRESENT :
JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT
SHRI. V.V. JOSE : MEMBER
1. The Co-ordinator,
IT @ School Project,
SCERT Buiding,
Poojappura, Thiruvananthapuram.
: APPELLANTS
2. IT @ School District Office,
Civil Station, Malappuram.
(By Adv: Sri.Nizarudeen)
Vs.
1. Sainudeen.K.M,
HSST, GHSS Edappal,
Edappal.P.O, Malappuram Dist.
: RESPONDENTS
2. R.P. Infosystems Pvt. Ltd.,
Aysha Towers, Sastha Temple Road,
Kaloor.P.O, Kochi-682 018.
JUDGMENT
JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT This is an appeal filed by the opposite parties 2 and 3 in CC.10/13 on the file of CDRF, Malappuram challenging the order of the Forum dated, May 30, 2013 directing the opposite parties to pay Rs.17,700/- with 10% interest being the value of the defective laptop supplied by them to the complainant and Rs.10,000/- as compensation.
2. The case of the complainant as detailed in the complaint before the Forum in brief is this:-
Complainant is a school teacher in Government Higher Secondary School, Edappal. He has placed an order for Chirage Branded Lap top/Net book under the "Lap tops and Net books for the teacher Scheme" co-ordinated by the IT @ School project. He purchased the same for Rs.17,700/-. Opposite parties have ensured that the lap tops supplied to him under the said scheme covered 3 years on site warranty. The response time for solving an issue with lap tops would be a minimum of 2 working days failing which an amount of Rs.100/- will be levied from the opposite parties as liquidated damages per day. On August 25, 2012 the key board of the lap top became defective. Even after repeated request made by the complainant opposite parties have not cared to rectify the defects. Therefore complainant filed the complaint claiming the price of the lap top and claiming compensation.
3. First opposite party is M/s R P Info Systems, Kochi who remained absent before the Forum. Second opposite party is the coordinator I T @ School project, Trivandrum. Third opposite party is its District Office at Malappuram. Opposite parties 2 and 3 in their version before the Forum contended thus:- I T @ School project has nothing to do with the sale of the lap top and warranty assured to the complainant by the company. It is the duty of the complainant to select the proper company for supply of the lap top and to ensure its after sale service. Quality, standard, grade, style and model etc of the lap top is to be decided by the teachers and select the goods. The sole responsibility of these opposite parties is to give a common platform for the short listed companies and teachers who intent to buy lap tops/net books.
4. Complainant filed his proof affidavit and marked Exts.A1 to A6. No evidence was adduced by the contesting opposite parties 2 and 3 before the Forum. On an appreciation of evidence the Forum found that there was deficiency of service on the part of the opposite parties and directed them to pay Rs.17,700/- being the price of the defective lap top with interest and also to pay compensation of Rs.10,000/-. Opposite parties 2 and 3 have come up in appeal challenging the above order of the Forum.
5. Heard the counsel for the appellants and 1st respondent/complainant who appeared in person.
6. The following points arise for consideration:-
1. Whether there was any deficiency of service on the part of the opposite parties?
2. Whether the impugned order of the Forum can be sustained?
7. The main contention of the appellants is that their duty is to give a common platform for the short listed companies and teachers who intent to buy lap tops/net books and they have no responsibility for any other matter including that of any financial transactions or selection of any particular brand of equipments to teachers and that appellants are only facilitators. There is no substance in the above contention. No evidence was adduced on the part of the appellants before the Forum to prove their contentions. The lap tops are admittedly supplied under lap tops and net books for teacher scheme conducted by the appellants. Ext.A3 which are terms and conditions agreed by the companies for the lap tops to teachers shows that these lap tops are supplied under I T @ School scheme and it was at their instigation complainant has purchased the lap tops. Therefore appellants cannot now contend that they have nothing to do with the supply of the lap tops to the complainant.
8. It is admitted that and is also proved by Ext.A1 to A6 produced by the complainant that the lap top in question was purchased by the complainant from the first opposite party under I T @ School projects. The case of the complainant is that lap top has become defective and that though several times he requested the opposite parties to rectify the same, they did not do so which is not seriously challenged by the appellants. That being so there is clear deficiency of service on the part of the opposite parties.
9. The Forum has directed the opposite parties to pay Rs.17,700/- to the complainant being the price of the lap top with interest at the rate10% per annum and also a compensation of Rs.10,000/-. We find no ground to interfere with the said finding of the Forum.
In the result we find no merit in this appeal and the same is hereby dismissed with a cost of Rs.5000/-.
JUSTICE P.Q. BARKATHALI: PRESIDENT
V.V. JOSE : MEMBER
VL.
[HON'ABLE MR. JUSTICE SRI P.Q.BARKATH ALI] PRESIDENT
[ SRI. V. V. JOSE] MEMBER