D.O.F:25/06/2020

                                                                                                  D.O.O:09/09/2021

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.63/2020

Dated this, the 09^th day of September 2021

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

T.K .Sukumaran, aged 49

S/o Madhavi Amma

Thekke Veetil, Chennadukkam                                            : Complainant

P.O. Bheemanadi

                                                And

1. The Manager

     Infosolution, First Floor

     Emarald Tower, M.G.Road

     Indian Coffee House

     Old Bus Stand, Kasaragod                                              : Opposite Parties

2. Vep Solution Ltd

    40/A Basappa Complex

     Lavalla Road, Banglore, Karnataka 560001

ORDER

SMT.BEENA.K.G    : MEMBER

            The complainant is an entrepreneur who purchased a printer from Opposite Party No:1 believing the assurance given by them in quality of the product .  After purchase the product became defective within one year.  Complainant made several requests to  Opposite Party No:1 to cure the defects but Opposite Party No:1 was not ready to heed the complainant. At last in response to the continuous call from complainant Opposite Party informed the complainant to bring the product to Nileshwar.  Before the first corona lockdown, complainant has taken the product to the office of SRO stamp vendor Balakrishnan. After one week Opposite Party again informed that some of the parts are to be replaced and for which an amount of Rs. 7000/- required.  Thereafter Opposite Party talked in a rude manner.  The non functioning of the printer caused loss of income and mental and physical strain to the complainant. Hence the complainant seeking refund of price of the printer Rs. 28,000/- compensation of Rs. 50,000/- damages  Rs. 50,000/- .

            Notice of Opposite Parties not returned it is deemed as served, name of Opposite Parties called absent set exparte.

            Complainant filed proof affidavit in lieu of chief examination documents produced are marked as Ext A1 and A2.  Ext A1 is the tax invoice Dt: 04/01/2018, Ext A2 is warranty guidelines.  Heard the complainant.

The questions raised for consideration are:-

1. Whether there is any deficiency in service on the part of Opposite Party?
2. If so what is the relief?

Issue No:1

            Complainant is an entrepreneur.  He purchased a DMPWEP LQDSI 5235 dot matic printer from Opposite Party No:1 for Rs. 28000/- within one year of purchase printer started complaints and stopped functioning.  While registering complaint, Opposite Party No:1 informed to take the printer to Nileshwar.  So the complainant was constrained to take the printer to Nileshwar after examination Opposite Party informed that some of the parts has to be replaced and it may cost Rs 7000/-.  After spending a huge amount for purchase again spending Rs. 7000/- for parts replacement is shocking to the complainant.  He expressed his difficulty, which provocated the Opposite Party and he behaved in a rude manner thereafter.  Due to the defects of the printer, complainant was unable to complete his work in time.  Which caused financial mental and physical strain to him.  Ext A1 is the tax invoice of purchase of printer, Ext A2 is the warranty guidelines documents Ext A1 and A2 proves the purchase of the printer.  In the absence of contra evidence complaint’s case stands proved.  There is deficiency in service and unfair trade practice on the part of Opposite Parties.

Issue No:2

            While discussing about relief, printer became defective within one year of purchase moreover while seeking service the behavior of Opposite Party No:1 caused severe mental agony to the complainant.  The seller cannot evade from his responsibility.  So we are of the opinion that refund of the price of the printer with a compensation of Rs. 10,000/- will be a reasonable relief in this case.  Opposite Party No:1 and 2 are jointly and severally liable to compensate the loss of the complaint

            Hence complaint is allowed directing Opposite Party No:1 and 2 jointly and severally to refund Rs. 28,000/- with a compensation of Rs. 10,000/- (Rupees Ten thousand only) and Rs. 5000/-(Rupees Five thousand only) towards cost to the complainant within 30 days of the receipt of the order.

     Sd/-                                                      Sd/-                                         Sd/-

MEMBER                                          MEMBER                              PRESIDENT

Exhibits

A1- Tax invoice

A2- Warranty guidelines

      Sd/-                                                    Sd/-                                         Sd/-

MEMBER                                          MEMBER                              PRESIDENT

Forwarded by Order

                                                                                    Senior Superintendent

Ps/