Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 296.
Instituted on : 30.05.2023.
Decided on : 14.06.2024.
Pawan son of Ranbir Singh, R/o H.No.744/A, Sector-4, Rohtak, Haryana, 124001.
………..Complainant.
Vs.
- HP Computing and printing systems India Private Limited, 2F, Tower D & E building No.2, DLF Cybergreen DLF Cybercity, Phase III,. Gurugram, Haryana(Through its Manager).
- HP authorized service center(HP Care Panipat), 236A New, behind bajaj Eye Hospital, Sukhdev Nagar, Panipat Haryana, 132103(Through its Manager).
- Raju Electronics Lab, Shop no.32, Appu Ghar, Shopping complex, Rohtak Haryana(Through its Manager).
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. Wazir Singh, Advocate for complainant.
Sh. Rajesh Sharma, Advocate for opposite party No.1 & 2.
Sh.Anil Kumar Advocate for opposite party No.3.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that he had purchased a HP Printer from opposite party No.3 on 31.05.2022. After few months of purchasing the same, some technical and manufacturing fault has been arisen in the said printer and complainant faced difficulty of ‘paper jam and not properly copy’, for which complainant had filed complaint dated 30.06.2022, 29.07.2022, 19.10.2022 and 02.11.2022 regarding printer/connectivity issues. Complainant again made a complaint on 24.05.2023 with reason that printer was not printing pages with black ink. There is manufacturing/technical defect in the alleged HP printer from the very first day and the same was within the knowledge of respondents but they sold out the said printer to the complainant. The defects of the printer could not be sort out by the officials of customer care despite repeated requests of the complainant. Thereafter the complainant requested the opposite parties to replace the printer with new one but any heed was not paid to his requests. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the amount of HP printer i.e. Rs.13500/- alongwith interest @ 18% pa. from the date of purchase of printer and also to pay Rs.100000/- on account of mental agony & harassment and Rs.11000/- as litigation expenses to the complainant as explained in the relief clause.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No.1 & 2 appeared and failed to file reply despite availing sufficient opportunities and as such the defence of opposite party No.1 & 2 was struck of. Opposite party No.3 in its reply has submitted that complainant never visited the shop of opposite party No.3 after 31.05.2022 and never made any complaint to the opposite party. It is further submitted that the printer was fully packed and sealed at the time of its sale and the box was opened before the complainant on his demand and the complainant himself got checked the said printer and after his all satisfaction, he purchased the above said printer from the opposite party and the same has no defect and was working properly at the time of selling of the above said printer to the complainant. Opposite party has no obligations or legal liability to replace the printer or to refund the printer’s amount as the printer was properly working at the time of its purchase. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C13 and closed his evidence on 22.08.2023. On the other hand, ld. counsel for the opposite party No. 3 has tendered affidavit Ex.RW3/A and closed his evidence on dated 26.02.2024.
4. We have heard learned counsel for the parties and have gone through the material aspects of the case very carefully.
5. In the present case the grievance of the complainant is that he purchased a printer from the opposite party No.1 on 31.05.2022. But the same was defective from the very beginning and he made complaints at the toll free number of the opposite parties and requested the opposite parties either to replace the printer or to refund the price but the same has neither been replaced nor the refund has been made to the complainant. To prove the same complainant has placed on record copies of emails Ex.C2 to Ex.C12 from dated 30.06.2022 to 24.05.2023. All these emails shows that there were so many defects in the printer i.e. paper jam, print quality issue, printer/connectivity issue, printer not print pages with black ink, print quality issue. These defects appeared in the printer from the very beginning i.e. just within one month of its purchase and despite replacement of the cartridge/tonner, defects could not be rectified by the opposite parties despite their repeated repairs, which shows that there is some manufacturing defect in the printer in question. Hence there is deficiency in service on the part of opposite party no.1 & 2 and opposite party No.1 & 2 being the manufacturer are liable to refund the price of printer to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no.1 & 2 to refund the amount of Rs.13500/-(Rupees thirteen thousand and five hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 30.05.2023 till its realisation and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision. However complainant is directed to hand over the printer in question to the opposite party No.1 & 2 at the time of making the payment by opposite party no.1 & 2.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
14.06.2024.
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
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Vijender Singh, Member.
