SRINIVASA MARKETINGS Vs. KATAM BHASKAR

JUDGEMENT

(1.) The opposite party is the appellant. The appeal is challenge to the order passed by the District Forum which passed the award against the appellant for refund of a sum of Rs. 26,645/- with damages of Rs.2,000/- and costs of Rs.1000/-. .

(2.) The facts of the case are that the complainant purchased a computer system with Samsung and Giga Bite products Limited wherefor 3 years warrantee was extended by the opposite party on 6.7.2005. Since the date of purchase as the said system is not working properly, the complainant was intimated the same to the opposite party and also Samsung servicing centre vide letter dated 22.5.2006. Even after receipt of the said complaint the opposite party did not take proper steps to rectify the same. Thereafter the complainant also got issued reminder dated 28.6.2006 which was refused by the opposite party. Hence the complainant filed the complaint before the District Forum seeking direction to refund the amount of Rs.24,645/- along with damages of Rs.20,000/- and costs of Rs.3000/- The opposite party remained exparte.

(3.) Feeling aggrieved by the order of the District Forum, the opposite party, M/s Srinivasa Marketing Vijayawada has filed appeal contending that it has not been given opportunity to file written statement the other grounds of the appeal are that M/s Samsung and M/s Gigabite who are the manufacturers of components of the system purchased by the complainant are not made parties to the proceedings. As per the terms and conditions of the warranty, in case of any defect, the complainant has to approach the service centre. The complainant has not followed the direction as per the terms and conditions of the warranty. The appellant is only a dealer M/s Samsung and M/s Giga Bite and not responsible to rectify any defect in the product purchased by the complainant.