Kerala

Idukki

CC/199/2018

Shibu jecob - Complainant(s)

Versus

HP inc. Howlett packand Global Street pvt - Opp.Party(s)

Adv.Lissy M M

30 Aug 2019

ORDER

DATE OF FILING :01/11/18

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of August 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 199/2018

Between

Complainant : Mr.Shibu Jacob, S/o T.X.Jacob,

Thakadiyel House,

Esthos Road, Muvattupuzha P.O.,

Muvattupuzha 686 661.

(By Adv: Lissy M.M.)

And

Opposite Party : 1 . Hp inc.Howlett Packand Global Street Pvt Ltd.,

EC2 Campus. HP Avenue,

Sy No.39 part Electronic City Phase II Hower Road,

Bangalore – 560 100.

(By Adv: Siby Jacob)

2 . Votta Technology Solutions Door 213, 2^nd Floor,

Kattaveettil Buildings SH Mount Nagambadam Kottayam,

Represented by its Manager.

3 . Forerun Door No.1619 A Vallon Road

Kadavanthra Kochi- 682 020.Represented by its Manager.

4 . Forerun Computers & System Pvt, Ltd.,

Nadackuzhackal Complex, Opposite De Paul Public School,

Thodupuzha -685 584.

 

O R D E R

SMT.ASAMOL P.(MEMBER)

 

The case of the complainant is that,

 

On 21/10/2017, the complainant purchased a new HP Printer Cum Scanner for Rs.10,624/- from the third opposite party, manufactured by the first opposite party. The opposite party was told that the printer carry one year comprehensive warranty. During the warranty period, it is found that the colour of seal in the scanned copy and some other colours of the scanned copies do not match with

(Cont.....2)

-2-

the original. The matter was reported to the second opposite party and at the time, the second opposite party's technician came to the complainant's house and changed the scanner lamp and recommended to replace the print head. However, even after changing the scanner lamp, the issue was not solved. After that the complainant reported the complaint and the second opposite party inspected the printer on 22/08/2018. The technician reported the first opposite party that, the issue could not be solved. However, in spite of repeated demands of the complainant, the first opposite party not willing to replace the printer or refund the price. It is deficiency in service and this caused considerable pain and hardship to the complainant for that the complainant claims Rs.10,000/- as compensation. Hence the complainant is entitled to get the price of the printer refunded along with a compensation of Rs.10,000/-

 

Notice was served to the opposite parties. The first opposite party has appeared before this Forum. But opposite parties 2 to 4 did not appear before this Forum. So they called absent and set exparte. The first opposite party filed vakalathe. But didn't file version or adduce any evidence.

 

Complainant adduced evidence by produced documents. Ext.P1 and Ext.P2 were marked. Ext.P1 is the retail invoice dated 21/10/2017 and Ext.P2(series) Job card and service call report.

 

Heard both sides,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard the counsel for the complainant and have perused the evidence on records. It is an admitted fact that HP Printer Cum Scanner in question is defective in its warranty period and opposite parties are liable to cure the defect to the satisfaction of the complainant or else take back the printer or return the purchase amount to the complainant. Opposite parties didn't take any steps to challenge the case of the complainant.

 

(Cont.....3)

-3-

Hence the Forum is of a considered view that, the averments in the complaint is believable and hence complaint allowed. The first and second opposite parties are directed to take back the printer and refund the price Rs.10,624/- to the complainant and also opposite parties 1 to 3 are directed to pay Rs.5,000/- as compensation and Rs.3000/- as cost jointly to the complainant within 30 days from the receipt of the copy this order, failing which the amount except cost shall carry 12% interest per annum from the date of default, till its realisation.

 

Pronounced in the Open Forum on this the 30^th day of August, 2019.

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 -The retail invoice dated 21/10/2017

Ext.P2 (series) -The Job card and service call report.

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT