Order-11.
Date-06/10/2015.
In this complaint Complainant Pradip Chandra by filing this complaint has submitted that complainant purchased 3 Nos of Spectra Skywalker JAI28 from the op about one month ago and on 19.01.2015 complainant purchased 3 nos. of Spectra Skywalker JAI28 from the op on payment of Rs. 75,000/- and said price was paid in advance and took the delivery on 22.01.2015 but op did not issue any cash memo or any warranty/guarantee card along with the products and send a second hand product and after receiving the same 3 nos. of Spectra Skywalker JAI28, complainant met with the op and asked them to replace the products since complainant paid the money for the first hand products but the op did not give any attention to the complainant’s complaint.
On 18.03.2015 complainant sent a letter for the replace of Spectra Skywalker JAI28 but the op did not replied and again on 21.03.2015 complainant sent a legal notice mentioning the entire fact but op did not change the product and providing proper bills and warranty card.But op is bound to take back the defective product and refund the purchase price and pay the costs expenses incurred by the complainant in taking the expert opinion and incident thereto.
In the above circumstances, complainant has been suffering much and he has failed to use the same and for which complainant has been harassed by the op and for adopting unfair trade practice and deceitful manner of trade, complainant has filed this case against the op for redressal.
Notice was duly served to the address of the op but op did not accept it and refused it as unclaimed and thereafter op did not turn up for which the complaint is heard exparte.
Decision with reasons
On proper consideration of the complaint and the document, it is found that complainant received 3 nos. of second hand Spectra Skywalker JAI28 without warranty even after payment of Rs. 75,000/- which was received by the authorized A Print Technologies on 17.03.2015 and that payment receipt was issued by the authorized signatory on behalf of A Print Technologies on 19.01.2015in favour of the complainant and that payment was made in advance which is also proved.
But most interesting factor is that complainant made such complaint and no doubt went to op’s Head Office at Chennai twice, but they did not ultimately change the same when it was detected as used one and old one and there was some defects and products were found damaged.But interestingly op even after receipt of demand notice dated 17.03.2015 and also Lawyer’s notice did not turn up and did not return the same or replace the same or has not refunded the same amount of Rs. 75,000/-.
No doubt the present op has adopted unfair trade practice by supplying damaged and defective articles even after getting good money of Rs. 75,000/- from the complainant and no doubt such an act on the part of the op is undoubtedly unfair trade practice and by that act, complainant has been deceived by the op for which complainant is entitled to get back the entire amount of Rs. 75,000/- from the op and op is bound to pay the same and further op is bound to pay compensation for harassing the complainant and for adopting unfair trade practice for selling such defective and damaged articles against payment of Rs. 75,000/-.
At the same time the purpose of harassing the same has been frustrated the complainant and complainant suffered such financial loss for which further compensation must be paid by the op and at the same time complainant is entitled to get litigation cost in view of the fact that complainant was compelled to proceed with the case to get the relief through this Forum.
In the result, this complaint succeeds exparte.
Hence, it is
Ordered,
That the complaint be and the same is allowed against op exparte with cost of Rs. 10,000/-.
Op is directed to refund the entire amount to the complainant of Rs. 75,000/- (purchase price of 3 nos. of Spectra Skywalker JAI28) and further op shall have to pay compensation of Rs. 30,000/- for harassing the complainant for causing mental pain and agony to the complainant and further for unfair trade practice in selling such a defective articles to the complainant against good payment of Rs. 75,000/- to the op.
Op is hereby directed to pay the entire decretal amount i.e. price of 3 nos. of Spectra Skywalker JAI28 Rs.75,000/- + Rs.30,000/- as compensation + litigation cost of Rs. 10,000/- in total Rs. 1,15,000/- to the complainant within one month from the date of this order, failing which for non-compliance of the Forum’s order, penal interest at the rate of Rs. 200/- per day shall be assessed till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.
Even if it is found that op is reluctant to comply the Forum’s order, in that case, op shall be prosecuted u/s 25 read with 27 of C.P. Act, 1986 for which further penalty and fine shall be imposed against op.
