Delhi

North East

CC/54/2022

Ashu - Complainant(s)

Versus

HP Computing and Printing System India Pvt. Ltd - Opp.Party(s)

20 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 54/22

 

In the matter of:

 

 

	Sh. Ashu S/o Sh. ShyamLal, R/o H.No. 4649/22/2, St. No. 13, New Modern Shahdara, Delhi-110032	Complainant
	Versus
1.               2.             3.	Shree Jee Enterprises R/7, D-29, Raj Nagar, Ghaziabad, U.P. Also at:- GF-26, Shiva Tower, GT Road, Ghaziabad, U.P.   HP Computing and Printing Systems India Pvt. Ltd. (Manufacturer) Helwett Packard Global Soft Pvt. Ltd. EC2 Campus, HP Avenue, Survey No.39, Electronics City Phase II, Hosur Road Banglore 560100   Silicon Comnet Pvt. Ltd. (Service Centre) H.P Authorised Partner 105, 1st Floor, Sharda Chamber-3, LSC Site 42, Kalkaji New Delhi-110019	Opposite Party No.1             Opposite Party No.2         Opposite Party No.3

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON: DATE OF ORDER:  ORDER:

08.03.22 25.07.23 20.09.23

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The facts of the case as revealed from the record are that the Complainant purchased printer having model no.  HP 516 from Opposite Party No.1 on 08.03.21 for a sum of Rs. 14,200/- and Opposite Party issued invoice bearing no. GST/SJE/ 2414. The said printer is having warranty of 1 year from the date of purchase. The Complainant stated that on 16.03.21 technician of Opposite Party No.2 visited house of Complainant to install the said printer but the technician failed to install and run and connect the printer in question with the computer available with Complainant. Thereafter the technician intimated about the problem in running the printer to his senior colleague and also the technician admitted that the printer in question is having inherent manufacturing defect. The Complainant stated that he approached Opposite Party No.1 and requested for refund the cost of the said printer as the printer is not working. On 06.03.21 Complainant called customer care no.  18002587170 of Opposite Party No.2 and lodged a complaint with respect to non installation of printer in question in his computer and Opposite Party No.2 assured Complainant that their engineer will visit and resolve the problem of printer in question. Thereafter on 17.03.21 engineer came but failed to installand run and connect the said printer with computer available with Complainant. On 27.03.21 Complainant again registered a complaint and tellecaller said that they will send another engineer from Opposite Party No.3 to rectify the problem in installing the printer. The service engineer of Opposite Party No.3 visited to rectify the problem in said printer but the said printer could not be installed. The Complainant stated that Opposite Party No.2 close the complaint without rectifying/resolving the printer in question.  The Complainant stated that he lodged various complaints on customer care no. 18002587170 as well as on 1800112267 bearing different complaints on different dates. The Complainant stated that he had also complaint through email communication on email id of servicehead.hp.com on various dates. Despite several complaints printer has not been installed in computer of Complainant. The Complainant stated that he even updated the software of his computer in instructions of technician despite that said printer was not working. The Complainant stated that on 29.06.21 a new engineer visited with his own laptop and tried to install the said printer in his laptop but engineer failed to install and run printer even in his laptop and computer of the Complainant and gave assurance that he will talk to his senior regarding refund or replace the printer in question. The proprietor of Opposite Party No.3 said that he cannot refund the cost of the printer or replace the printer it can be done by either Opposite Party No.1 and 2 only. The Complainant approached the Opposite Party No.2 and requested to replace or refund the cost of the printer but of no use. The Complainant is not getting the satisfactory reply from the Opposite Parties.  The Complainant has also filed complaint in National Consumer Helpline no. having docket no. 3052627 but the Opposite Parties have not responded to the said complaint. Hence, this shows deficiency in service on behalf of Opposite Parties. Complainant has prayed for the cost of the printer in question of Rs. 14,200/- with 18 % interest and Rs. 50,000/- for mental harassment. He has also prayed for Rs. 10,000/- for litigation expenses.
2. Opposite Parties were proceeded against Ex-parte vide order dated 17.11.22.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard the Complainant and we have also perused the file. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. On the other hand the, the Opposite Parties were proceeded against ex-parte vide order dated 17.11.22 and none has appeared on behalf of Opposite Party No.2 despite the application of the Opposite Party No.2 for permission to participate in the proceedings and arguments is allowed. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed. The Complainant is directed to hand over the old printer to the Opposite Party No.2 and on the receipt of the old printer the Opposite Party No.2 is directed to pay the cost of the printer in question i.e. Rs. 14,200/- to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party No.2 is further directed to pay Rs. 15,000/- to the Complainant on account of mental harassment and litigation expenses with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 20.09.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President