Kerala

Malappuram

CC/243/2015

UMMER K - Complainant(s)

Versus

MANAGER - Opp.Party(s)

31 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL
MALAPPURAM
 
Complaint Case No. CC/243/2015
 
1. UMMER K
ORIENTAL BOOK STALL BUSTAND VENGARA MALAPPURAM
...........Complainant(s)
Versus
1. MANAGER
GUARDIAN ENTERPRISES 17/1446 A7 SHASTHA BUILDING SECOND FLOOR SABHA SCHOOL ROAD KOZHIKODE
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AA VIJAYAN PRESIDENT
 HON'BLE MS. MADANAVALLY RK MEMBER
 HON'BLE MRS. MINI MATHEW MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 31 Aug 2017
Final Order / Judgement

By: Smt. R.K.Madanavally, Member

 

Brief facts :-

The complainant is running a DTP centre and photostat for his lively hood. While so, one of the executives from opposite party introduced about a photostat machine which is a product of Xerox company. The advantages, clarity and higher quality of the product were explained by him. Thus he purchased the above photo stat machine.

 

Thereafter on 29/1/15, Rs.25000/- (Twenty five thousand rupees only) was given by the complainant to the opposite party's executive and he under took to give the product within two days. Thus on January 31st ,the machine was installed by the opposite party's executives. Including the service charge of Rs.4700/- (Four thousand seven hundred rupees only) an amount of Rs.64700/- (Sixty four thousand seven hundred rupees only) was given by the complainant.

 

After two weeks of the purchase, several defects were noted by the complainant and when it was reported to opposite party No.1 they did not respond for the same. Thereafter he contacted the opposite party's office at Calicut and they sent their service men and they inspected the machine and recorded the defects. Since there was no response from opposite party after the inspection, the complainant again contacted them and it was told that, since the product is having no warranty, it cannot be repaired. According to the complainant, the opposite party had promised one year warranty for the machine at the time of purchase. Now they are trying to washed of their hands from the liability and hence caused this complaint.

Opposite party set exparte. Complainant was examined as Pw1 and his documents are marked as Ext. A1 and A2. Ext. A1 is the receipt dated 29/1/15 for an amount of Rs.25000/- and Ext. A2 is the invoice (Form 8 B) dated 29/1/15 for an amount of Rs.60,000/-.

 

The report filed by Mr. Hareesh M.C (service Head, Active System) is marked as Ext. C1.

 

Heard the counsel for the complainant and perused the records. The amount given by the complainant to the opposite party is prooved by Ext. A1 and A2 ie, in total Rs.64700/-.

 

We have thoroughly gone through the Ext. C1 report which says that the paper tray of the machine is not working, the tray pick -up section is broken, the machine is placed on unlevelled stand and shock on the machine and paper jam occur when copying . The expert further noted that the defect is caused due to the improper basement. The stand of the machine is not stable and not level, so the machine is in slanting position and there fore the machine is bend. When the operator open the tray, the tray get broken due to the bending and hence the tray is not working and the paper jam occurred. When installing this machine, the basement stand is important.

 

According to the expert , for the proper working of the machine, the tray should be replaced.

 

Hence in view of the above discussion and in view of the Ext. C1 report, the complaint is allowed and we are passing the following orders.

 

The opposite party shall return the Rs.64700/- (Sixty four thousand seven hundred rupees only) being the value of the photostat machine to the complainant, Rs.30,000/- (Thirty thousand rupees only) being the compensation for mental agony hardships suffered by him and Rs.10000/- (Ten thousand rupees only) as cost of this proceedings. After complying the above said order by the opposite party, the complainant shall return the defective machine to the opposite party.

 

This order shall be complied within one month from the date of receipt of the copy of this order, failing which, the complainant is entitled to get 12% interest upon the said amount from the date of receipt of the copy of this order till realization.

 

Dated this 31st day of August, 2017.

A.A.VIJAYAN, PRESIDENT

 

R.K.MADANAVALLY , MEMBER

MINI MATHEW, MEMBER

APPENDIX

Witness examined on the side of the complainant : PW1

PW1 : Complainant, Ummer.K.

Documents marked on the side of the complainant : Ext.A1 and A2

Ext.A1 : Receipt dated 29/1/15 for an amount of Rs.25000/

Ext.A2 : Invoice (Form 8 B) dated 29/1/15 for an amount of Rs.60,000/-.

Witness examined on the side of the opposite party : Nil

Documents marked on the side of the opposite party : Nil

Ext. C1 : Expert Report filed by Mr. Hareesh M.C (service Head, Active System)

 

A.A.VIJAYAN, PRESIDENT

 

R.K.MADANAVALLY , MEMBER

MINI MATHEW, MEMBER

 
 
[HON'BLE MR. AA VIJAYAN]
PRESIDENT
 
[HON'BLE MS. MADANAVALLY RK]
MEMBER
 
[HON'BLE MRS. MINI MATHEW]
MEMBER

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