Delhi

East Delhi

CC/218/2017

SHAHNE ALAM - Complainant(s)

Versus

EPSON INDIA - Opp.Party(s)

10 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 218/17

Shahne Alam

S/o Shri Iqbal Ahmad

R/o House No. 247, Street NO. 8

Kardampuri Extn, Delhi – 110 094                               ….Complainant

Vs.    

1. EPSON India

12^th Floor, The Millenia Tower –A

No. 1, Murphi Road

Ulsoor, Karnataka, Bangaluru-560 008

2. M/s. Peripherals & Spares

Service Centre,

DA4, 1^st Floor, Main Vikas Marg

Shakarpur, Delhi – 110 092                                              …Opponent

Date of Institution: 02.06.2017

Judgement Reserved on: 10.12.2018

Judgement Passed on: 11.12.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

Order By: Sh. Sukhdev Singh (President)

JUDGEMENT

            This complaint has been filed by Shri Shahne Alam against EPSON India (OP-1) and M/s. Peripherals & Spares (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant purchased a printer of EPSON company, model no. L220, Serial no. VGXK317372 for an amount of Rs. 9,800/- on 05.06.2016 with one year or 15,000 paper print warranty from Hytone Computers, 107, Complex 37, Veer Savarkar Block, Sharkarpur, Delhi-92. 

            It was stated that after 3-4 months of purchase, there was some problem in the printer which was solved by the company, but second time, the company denied to provide the service saying that the warranty of the printer was over.  The complainant sent an email at

            It was further stated that on 02.05.2017, when the complainant faced some problem in the printer, he was told that the service would be chargeable.  He sent an email for the same for which it was replied that you have printed 15,000 pages from the printer.  The complainant sent a complaint at the head office of EPSON India at Bangaluru, but all in vain. Hence, the complainant has prayed for repair of printer with 4 months extended warranty; compensation of Rs. 10,000/- and Rs. 500/- towards cost of litigation.

6.         We have heard Ld. Counsel for complainant and have perused the material placed on record.  From the testimony of the complainant and the documents got exhibited in his testimony such as invoice copy          (Ex.CW-1/A), it is evident that complainant have purchased printer EPSON L220 for a sum of Rs.9,800/-.This document states that the warranty will be given by principal company.  The principal company of EPSON printer is of EPSON India, Bangaluru with which the complainant have communicated for updating the warranty card and the complaint made to them for not providing the service by the service centre. From the mail which have been sent by M/s. EPSON India Limited, it is noticed that they have stated that the services could not be provided to the complainant as the warranty was voided by the service centre due to page count limit exceeded.  Due to this, they have not updated the warranty.  No doubt, they have sent the mail to the complainant explaining non-updating the warranty, but the fact that both EPSON India Limited as well as M/s. Peripherals & Spares (OP-2) service center have not appeared inspite of service, the testimony of the complainant which have gone unrebutted have to be relied upon.

            Non-providing of service to the complainant and not updating his warranty, amounts to deficiency on the part of M/s. EPSON India (OP-1).  Thus, both of them are deficient in their services.  Since, no services have been provided to the complainant, it has caused mental pain and suffering for which the complainant have to be compensated.  Hence, we pass the order as under:-

1. EPSON India (OP-1) is directed to update the warranty and extend the same for another 4 months from the date of service which will be carried out by M/s. Peripherals & Spares (OP-2).
2. M/s. Peripherals & Spares (OP-2), service centre is directed to provide the service to the complainant free of cost and inform to    M/s. EPSON India (OP-1) with regard to page count. 
3. We further award a sum of Rs. 3,000/- towards mental pain and suffering which includes the cost of litigation.  This will be paid by EPSON India (OP-1) and M/s. Peripherals & Spares (OP-2) jointly.   

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member 

(SUKHDEV SINGH)

                   President