O R D E R R.Vijayakumar, member. The complaint is filed for refund of the price of computer, compensation and other reliefs. (2) The complainant’s case is that the printer which he had purchased along with a computer found defective and it was not repaired or replaced with a new one by the opposite parties. His complaint about the defect in the printer was not even reported to the head office of the second opposite party. The complainant sustained financial loss as DTP works could not done and he was forced to pay remuneration to the staff. The act of opposite party in unfair trade practice and hence the complaint. The first opposite party’s case is that the complainant had purchased only Lenovo 4330 H 200 (88236) model computer and UPS and the printer was given as a special gift of the company who ever purchased the said model computer. The printer has no warranty. The complainant is using the computer for a commercial purpose. The complainant never approached the first opposite party regarding any complaint about the printer. But the complainant along with another person approached first opposite party and demanded a new cartridge free of cost. On denial of that demand they threatened the first opposite party using filthy words. The only intention of this vexatious allegation in the complaint is to tarnish the image of opposite parties. The first opposite party has no liability to give compensation to the complainant. Hence the complainant is liable be dismissed and on the contrary the first opposite party is entitled to get compensatory cost of Rs.5000/-. Even though sufficient opportunities has been given the second opposite party remained absent and hence set exparte. The complainant filed affidavit. PW1 examined. Exhibits P1 and P2 marked. From the side of first opposite party, Dw1 examined. Exhibits D1 to D6 marked. Heard both sides. The points that would arise consideration are. - Whether there is any deficiency in service.
- Compensation and cost.
(3) Points (i) and (ii) The complainants case is that he had purchased a Lenovo Brand computer with printer form one opposite party on 12.02.2007 for an amount of Rs.31000/-. The malfunctioning of the printer within one month was reported to the first opposite party but she had not cared to attend the complaint or even reported to the head office. The first opposite party has admitted that the complainant had purchased the said model Lenovo computer and UPS on 12.02.2007 for Rs.31, 000/-. But the printer was a free gift given to the persons whoever purchased the said model computer. Exhibit P1 order form shows that there is no mention that the printer is a free gift. The learned counsel for first opposite party argued that the complainant conveniently scratched the word ‘free’ before the word Lonovo 4330 in the original P1, got photocopy and produced before the Forum. The complainant admitted in cross-examination that the original of P1 is with him .The counsel for first opposite filed an application seeking production of exhibit p1 .But the complainant failed to produce the same. The complainant filed affidavit that no other original is with him other than exhibit P1 produced before the Forum. On perusal of exhibit P1 we are of the opinion that there is no chance of searching the word ‘free’ before the word Lenovo 4330. In exhibit P2 it is stated that the ‘Lenovo Printer (free). The complainant had submitted that exhibit P2 bill was issued only after the payment of bill amount it was known to him only at that time. Both parties had admitted that the complainant came to the first opposite party’s shop at first on 10.02.2007 and had given an order for Cannon computer + UPS + Printer for Rs.28,000/-. In that order there was no free offer. The price was including the computer, UPS and printer. Along with the order form a catalogue also was given to the complainant as usually given to every customer. The complainant had admitted the catalogue and marked as exhibit D2. But he had submitted that it was given to him only after payment of the bill amount. The learned counsel for first opposite party argued that after studying Exhibit D2 and attracted by the offer of free gift, the complainant (4) came again to the opposite party’s shop, cancelled the earlier order and the new order was given for purchase of Lonovo computer. The price of computer + UPS + printer as per first order was Rs.28,000/-. As per the second order the price is Rs.31,000/-. It is unbelievable that the complainant had purchased the computer giving Rs.3000/- more than the first order, only for getting a free gift. The main point of contention of first opposite party is that the printer was free gift and has no warranty and hence the opposite parties have no liability to rectify the defects in the printer. First opposite party has stated in the version itself that on 12.02.2007 the complainant had purchased the Lenovo 300 H (88236 ACP) computer and UPS from the first opposite party for an amount of Rs.31,000/-. Along with, there was a free offer / gift of Lonovo 4330 colour injet printer which was a special offer of the second opposite party company to who ever purchased the said model computer. From this statement itself it is evident that the free gift offend only to the persons who purchase Lonovo 4330 computer and UPS. Hence there is a consideration and the consideration is the price paid on purchase of computer .The printer is payable only upon that consideration. The opposite parties cannot evade from the liabilities arising out of it. The act of opposite parties giving low quality and sub-standard printer without warranty after giving attractive offer is an unfair trade practice. We are of the view that there is deficiency in service on the part of opposite parties. The points found accordingly. In the result the complaint is allowed the part directing the opposite parties to replace the printer of same brand with warranty. The opposite parties are further directed to pay compensation Rs.2500/- and cost Rs.1500/-. Dated this the 30th April 2010. K.Vijayakumaran : Sd/- Adv: Ravi Susha : Sd/- R.Vijayakumar : Sd/- / / Forwarded by Order / / Senior Superintendent (5) INDEX List of witness for the complainant: PW1 - Vijayan Pillai List of documents for complainant P1 - Copy of Order form P2 - Sale Bill dtd : 10.02.07. List of witness for the opposite party: Dw1 - Kavitha Ramesh.P. List of documents for opposite parties D1 - Order form D2 - Lenovo 3000 Catalogue D3 - Copy of invoice D4 - Cash Bill (copy) D5 - Copy of invoice. D6 - Copy of Service Register | 
