In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  270 / 2005

1)           DIPCO LIMITED,

Radhasagar, Flat No.8,

Moira Street, Kolkata-700017.                                ---------- Complainant

---Verses---

1)           Hewlett Packard India Sales (P) Ltd.,

24, Salapuria, Arena, Hosur Main Road,

Adugudi, Bangalore-500030.

2)           The Customer Support Division (Kolkata),

Hewlett Packard India Sales (P) Ltd.,

1, Lowdon Street, Kolkata-17.

3)           M/s Redington India Limited,

8, Gurusaday Road, Kolkata-19.                             ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.    43   Dated  18/06/2012.

The petition of complaint has been filed by the complainant Dipco Ltd. against the o.ps. Hewlett Packard India Sales (P) Ltd. and others. The case of the complainant in short is that complainant that some time in 2003 the executive of the complainant purchased a computer printer in the Bid-N-Win Scheme of Air Sahara India in course of their travel through Sahara India flight and after receiving the said printer the complainant installed at its registered office for commercial use. Sometimes after installation it started giving trouble and the complainant informed about the matter with the competent authority, but as they did not pay any heed the complainant filed this case with a prayer for issuing direction upon the o.p. nos.1 and 2 to repair the said printer and pay damage of Rs.21,000/- for his financial loss and material harassment and agony along with interest @ 12% p.a. from the date of notice dt.16.2.05 and any other relief or reliefs as the forum may deem fit and proper.

                The o.p. no.3 M/s. Redington India Ltd. and the o.p. nos.1 and 2 by filing their separate w/vs have contested this case denying all the material allegations against them contending that there was no defect of the computer printer and only for having unlawful gain the complainant filed this case and the o.p. nos.1, 2  and 3 in their w/vs have categorically stated that the case is not at all maintainable because the complainant in unequivocal language has said that he purchased the said computer printer for his commercial use.

Decision with reasons :-

                We have gone through the pleadings of the parties, evidence and documents in particular. From the record we come to find that particularly from para 6 of the petition of complaint wherein complainant has mentioned that the computer printer in question kept in its registered office at Kolkata for commercial use, but we do not find anything from the record that there is any intention on the part of complainant to resale the said printer or complainant                has been carrying on business for computer printer for which complainant use to purchase and resale the same for earning profit. Accordingly, we hold that the printer was kept in the registered office of complainant and it cannot be construed in any manner, whatsoever, that the said computer printer was purchased for commercial purpose within the definition of Sec 2(d)(i) of the Consumer Protection Act, 1986. To make it clear we are of the view that the installation of computer printer in the registered office of complainant at Kolkata cannot be construed that it was installed for commercial purpose and as such, we find that o.ps. had sufficient deficiencies being a service provider to its consumer / complainant and complainant is entitled to relief.  

                Hence,

                                Ordered,

                That the petition of complaint is allowed on contest with cost as against the o.p. nos.1 and 2 and without cost as against o.p. no.3. O.p. nos.1 and 2 are hereby directed to repair the printer in question manufactured by Hewlett Packard India Sales (P) Ltd. being Model No.HP.PSC 2110 “All-in-One” vide Product No.C 8644A, Serial No.MY358 F 5665 as per the rate given by o.p. no.2 in its first quotation being annex-A of the petition of complaint and maintained it for a reasonable period at the same rate and alternatively take back the printer and refund the complainant the purchase price of such printer. O.p. nos.1 and 2 are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only to the complainant for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only. O.ps. are directed to comply within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

                Supply certified copy of this order to the parties.

        ____Sd-______                _____Sd-_______             ______Sd-______

          MEMBER                         MEMBER                       PRESIDENT