SRI.R. VIJAYAKUMAR, MEMBER.

            This is a complaint filed U/s. 12 of the Consumer Protection Act

          The complaint is filed seeking replacement of HP – Laser Printer or return of its value Rs.40,000/- and compensation Rs.10,000/- along with cost Rs.5000/-

The averments in the complaint can be briefly summarized as follows:

          The complainant purchased an HP Laser Printer for an amount of Rs.45,000/- from the opp.party shop on 2.4.2012.   Out of the amount the complainant  has paid an amount of Rs.35,000/- and the opp.party issued a pay slip .  There was a mutual understanding for  the payment of outstanding  balance  amount  in instalments.   Subsequently on 13.4.2012  an agent of opp.party, one Mr. Sanu  approached the complainant  and the complainant paid  an amount of  Rs.5000/-  as per the instruction given by the opp.party through telephone.   The agent Mr. Sanu acknowledged the receipt on the back side of the payment slip

The opp.party offered prompt free service and one year warranty.  But the opp.party has not turned up.  On 6.5.2012 the machine found  faulty and the complainant intimated the matter through phone call .  But  the opp.party showed detrimental attitude towards the complainant.   On  6.9.2012 the complainant sent a legal notice demanding replacement of the machine.   But the opp.party has not responded

The opp.party is legally bound to give proper service in proper time.   The detrimental attitude of opp.party caused much pain and mental; agony to the complainant.   The opp.party committed negligence and deficiency in service and it amounts to   unfair trade practice  also.  Hence the complainant filed the complaint for getting relief.

Even though sufficient opportunity has been given, the opp.party remained absent and hence set exparte.

          The complainant filed affidavit.  PW.1 examined.   Exts. P1 to P3  marked.

Heard.

The points that would arise for consideration are:

1.     Whether there is any deficiency in service from the part of opp.party?

2.     Compensation and cost.

Points 1 and 2

As the opp.party remained absent, we are constrained to relay upon the evidence adduced by the complainant.  We have carefully perused the complaint, affidavit and the documents adduced by the complainant.   Ext.P1 shows that the complainant  has paid an amount of  Rs.40,000/- as the price of the machine to the opp.party.  Exts P2 in the legal notice and P3 is the acknowledgement card..

  On perusal of the entire documents before us we find that there is deficiency in service from the part of opp.party.

The points found accordingly.

In the result, the complaint is allowed in part.   The opp.party is directed to return Rs.40,000/- and to pay compensation Rs.5000/-  along with cost Rs.1000/- to the complainant.

The order is to be complied with within one month from the date of receipt of the order

            Dated this the      day of December, 2012.

I n d e x

List of witnesses for the complainant: NIL

List of documents for the complainant

P1. – Estimate

P2. – Legal Notice

P3. – Acknowledgement card