IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 07th day February, 2023.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 88/2021 (Filed on 23-04-2021)
Petitioners : Sadique M.A.
Excellent Graphics,
T.B. Road, Changanacherry,
Resi. address.
Mankulathil House,
Valara P.A.
Irumpupalam, Adimali.
(Adv. Ranjana Joji)
Vs.
Opposite parties : 1) Doctorfone services,
Ground Floor,
Vettoor Buildings,
T.B. Road, Opp. Hotel Arcadia,
Near KSRTC, Kottayam
2) EPSON KERALA SERVICE HEAD
Mr. Arun,
Emanuvel arcad,
Kaloor Kathrikadav road,
Kadavanthara, Ernakulam
(Adv. Govind M.G. and
Adv. Tom K. Jose)
3) Head / Owner MR. Dany,
Ground Floor, Vettoor Buildings,
T.B. Road, Opp. Hotel Arcadia,
Near KSRTC, Kottayam
4) IT Place / Jaison,
Ebrahim Lodge,
Near Dhanya Theater,
Changanacherry.
O R D E R
Sri. Manulal V.S. President
This complaint is filed under Section 35 of Consumer Protection Act, 2019
The case of the complaint is as follows.
The complainant on 11-04-2018 purchased a printer Epson L1455, Serial No.X2SL002015 for Rs.62,000/- from the 4th opposite party. The said device includes colour printer, photocopy scanner and photocopy printer. During the month of January, 2020, due to the defect in the printer complainant contacted the 4th opposite party and as per direction on 30-01-2020, the complainant registered a complaint with the 1st opposite party, who is the authorised service centre of the 2nd opposite party manufacturer. According to the complainant, the opposite parties caused an inordinate delay to rectify the defects of the printer. Due to the non-usage of the printer during the lockdown period, head of the printer became damaged and the complainant registered a complainant in the warranty of the 2nd opposite party on 05-01-2020. But there was no response from the opposite parties. Later, the opposite parties informed the complainant that the defect could be rectified on availability of spare parts. Thereafter on 30-03-2021, the complainant lodged another complaint with the 2nd opposite party, but there was no response from the side of the 2nd opposite party. It is averred in the complaint that neither the manufacturer nor the authorised service centre of the manufacturer cared to rectify the defect of the printer. It is further averred in the complaint that the spare parts of the said printer was not available in the open market and the same was available only at the authorised service centres of the manufacturer. According to the complainant, he had incurred a loss to the tune of Rs.1,20,000/- from January, 2021 due to the non-functioning of the printer. He had lost the opportunity to work during election time and there caused further Rs.50,000/-
Though the notice was duly served to the opposite parties, except 2nd opposite party, others failed to appear before this Commission or to file version. Hence the opposite party 1, 3 and 4 are set exparte.
The 2nd opposite party filed version contenting as follows.
The 2nd opposite party admitted the purchase of the printer by the complainant for an amount of Rs.62,000/- from the 4th opposite party. According to the 2nd opposite party all service of the printer were up-to-date and that any defect found was cured on time. On 31-02-2020, the complainant had registered a complaint before the 1st opposite party. On verifying the customer service records of the 2nd opposite party, it is seen that there are complaint with the paper tray 2 and PB assy wheel. It is submitted by the 2nd opposite party in version that due to the Covid 19 outbreak and lockdown, the head office of the 2nd opposite party was shut down and all the authorised service centres were also closed down. Even during these lockdown period, the service centre were in constant contact with the complainant and was responding to all the calls and intimations made by the complainant.
On 09-12-2020, the 1st opposite party visited the complainant’s business establishment and has observed the defects and replaced PG assy and cassette tray 2 spur gear. The service was done on time and the printer was working properly. Thereafter, the complainant again registered a complaint. The complaint was due to the non-usage of the printer while during the lockdown period due to which the ink was not getting filled on the ink head and other technical issues. The 1st opposite party has examined the same and it was informed to the complainant that the ink head should be replaced and advance payment had to be made for the same. The complainant did not approve the same and therefore the parts were not replaced. It is submitted in the version that the alleged delay in rectifying the defect caused due to the delay in availability of the spare parts due to various logistics issued faced during Covid 19. On 26-10-2021 the 1st opposite party has visited the site and closed PF timing belt damage replaced the PF timing belt and defect was then cured by the 1st opposite party for which the complainant was satisfied with the work and informed the 2nd opposite party that he is satisfied in rectification and the defect was cured. There is no deficiency in service from the part of the opposite parties.
The complainant filed proof affidavit in lieu of chief examination and Ext.A1 and A2 were marked from the side of complainant. Arun T.S. who is the service head of the 2nd opposite party filed proof affidavit in lieu of chief examination and marked Ext.B1 to B5 from the side of opposite parties.
On evaluation of complaint, version and evidence on record we would like to consider the following points.
- Whether there is any deficiency in service from the side of opposite parties?
- If so, what are the reliefs?
For the sake of convenience, we would like to consider Point no.1 and 2 together.
Point No.1 and 2
There is no dispute on the fact that Epson L1455 multi-purpose printer purchased from 4th opposite party on 11-04-18 for an amount of Rs.62,000/-. Ext.A1 is tax invoice issued by the 4th opposite party in the name of the complainant on 11-04-2018 for an amount of Rs.62,000/-. According to the complainant, the said printer became damaged during the period of month of January 2022 and he had lodged a complaint with the 1st opposite party intimating the same. The specific case of the complainant is that though he had contacted several times with the opposite parties, the opposite parties did not care to rectify the defect for a long time. The complaint was rectified by the opposite parties on 04-01-2021.
The complaint was resisted by the opposite parties by stating that the delay caused in the damage was due to the outbreak of Covid 19 pandemic and the subsequent lock down imposed by govt. of India. It is proved by Ext.B1 that the representative of 1st opposite party visited the business establishment of the complainant and inspected the subject matter printer on 09-12-2020. Ongoing through the Ext.B1 customer service report, we can see that on 09-12-2020 the representative of the 1st opposite party has replaced PB assy tray 2 and super cure service done with the printer and the printer is working properly. Though the complainant alleged in the complaint as well as in proof affidavit that he had lodged a complaint with opposite parties regarding the defects of the printer during the month of January, 2020, he had not adduced any evidence to prove the same. In the absence of evidence to prove that the complainant had lodged a complaint with the opposite party regarding the defect of the printer. We cannot accept the contention of the complainant that there was an inordinate delay in rectifying the complaint by the opposite parties.
According to the complainant, another complaint raised with the opposite parties on 05-01-2021 regarding ink head of the printer. Ext. A2 is the printout of the profile of the 2nd opposite party. Ongoing through Ext.A2 we can see that on 19-04-2021 there was some communication between the complainant and representative of the opposite parties regarding the complaints of the printer. According to the 2nd opposite party, the defect of the printer was due to the non usage of the printer during the lockdown period due to which the ink was not getting filled on the ink head. Ext.B2 is the RMA receiving /collection slip issued by the 2nd opposite party to the complainant clearly stated that the quotation was given for the replacement of the ink head and Ext.B3 is quotation for the print head, ink system assy and timing belt. Ext.B4 is the purchase order issued by the 1st opposite party to the 2nd opposite party for the print head on 05-01-2021.
Ongoing through Ext.B2 to B4 documents, we can see that the opposite parties had promptly attended the complaint of the complainant on 05-01-2021 and issued quotations to replace the defective part of the subject matter printer, which was out of warranty.
The specific case of the 2nd opposite party is that the print head and other defective parts of the printer was not replaced due to the non-approval of the complaint as he informed. Ext.B5 proves that the 1st opposite party has inspected the subject matter printer and replaced the PF timing belt, to cure the defect of the printer. Ongoing through the available evidence, we can see that the non-rectifying of the defect of the head of the printer was due to the non-approval of the quotation by the complainant and thereby caused delay in rectifying the defect of the printer. On a close scrutiny of the evidence available on record, we are of the opinion that the complainant has failed to prove his case with cogent evidence and the complaint is liable to be dismissed. Hence complaint dismissed.
Pronounced in the Open Commission on this the 07th day of February, 2023
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of invoice No.525 dtd.11-04-18 issued by 4th opposite party
A2 – Photocopy of profile and communication
Exhibits marked from the side of opposite party
B1 – Copy of customer service report
B2 – Copy of RMA receiving / collection slip
B3 – Copy of quotation dtd.05-01-21 by 1st opposite party
B4 – Copy of purchase order dtd.05-01-21 by 1st opposite party
B5- Copy of customer service report by 2nd opposite party
By Order
Sd/-
Assistant Registrar
