MR LAXMI NARAYAN PADHI, PRESIDENT… The substance of complaint is that, the Complainant had purchased a Black & White Printer set Make HP Laser Jet 1020 vide its Sl No.CNCH439844, Model No.BIOSB-0207-00, Product No.CC418A on dated 25/11/2014 bearing Invoice no. NIL from OP.No.01 by paying an amount of Rs.7,500/-. After purchase of just six months the said set shows problems like, overheating, power not supplied properly, paper draws multiple at a time & print not let out properly etc. The complainant approached the OP.no.1 along with the printer set for three times in the month of June’15 to Nov’15 but without any service authority, all the times the OP.1 tried to mend the set but he could not issued any service papers to that effect. That in the month of Nov’2015 the complainant being aggrieved approached the OP.no.2 through their toll free number bearing no.1800 200 0047, and averred about the defects who provided the complaint Regd. no. 3022511839 on dt.23.11.15 and assured to depute their Service engineer but for no action. On dt.23.11.15 the complainant submitted the detail information of the printer machine like name of the owner, phone number, address, product name, serial number etc, through phone but the OP neither taken any initiation nor depute their service engineer to repair the defective set. The said set has some inherent/manufacture defect which could not be redeem by the OP.s. The printer machine is one of source of income of the complainant and he purchases the same for the purpose of her livelihood, hence she inflicted huge losses due to the substandard set of OP.s, which cannot be evaluated in terms of money. Despite repeated personal approaches and had been from Nabarangpur to Jeypore spending huge money by the complainant, the OP.s arbitrarily not rendered any service to the complainant during needful time within valid warranty period which amounts to deficiency in service under the provisions of this Act. Hence the complainant craves the leave of this forum with this petition along with affidavit. For such illegal action of the OP.s, the Complainant sustained great humility, physical injury, financial losses and mental tension. So she prays the Forum to direct the OP.s to pay the price of the said printer set i.e. Rs.7500/- inter alia a sum of Rs.80,000/- as compensation and Rs.10,000/- towards cost of the litigation for such negligence and deficiency in service on the part of the OP.s.
2. On the other hand the counsel for OP.1 entered his appearance and filed nothing except a petition of objection wherein he except evasive denials averred nothing in contradiction to the complaint.
3. The counsel for OP.no.2 has filed his counter wherein averred that, the case is frivolous, baseless and misconceived and liable for rejection. The product in question for which the present case has filed by the complainant is out of warranty case. In addition to the above the OP.2 averred nothing except evasive denials.
4. The complainant has filed cash invoice of the alleged printer dt.25.11.14 along with an affidavit. Despite repeated chances, the OP.s failed to attend on hearing. The complainant appeared and heard the case at length, perused the record and submissions considered.
5. The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.
6. From the record, it reveals that the complainant has procured the printer set on dt.25.11.2014 and the same appears defect during June'15 and onwards i.e. within warranty period. The complainant approached the OP.2 through their toll free number i.e. 18002000047 on dt.23.11.15 and registered his complaint vide no.3022511839 for necessary repair averring the alleged troubles, but the OP.s neither mend the set nor replaced the same with a new one despite of several requests. Considering the evidences, submissions by the complainant, we are of the view that, the printer set purchased by the complainant has some serious manufacturing defect and the OP.s failed to provide service to the complainant within valid warranty period. Thus the complainant sustained mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence she file the instant case and prayed for compensation.
7. From the above substances and perusing the evidences filed by the complainant, we have carefully verified the alleged printer set and found internal defects. It is further noticed that, the OP.s despite receiving notice of this forum are failed to take any initiations to settle the matter of complainant, hence we feel that the action of OP.s is illegal, arbitrary, highhanded and unfair which amounts to deficiency in service and hence they found guilty under the provisions of C.P.Act 1986. As thus the complainant is entitled for relief. As the alleged product has inherent defect, we allowed the complaint against the OP.2 with costs.
O R D E R
i. The opposite party no.2 supra is hereby directed to pay the price of the set Rs.7500/- (Seven thousand & Five hundred) inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.6000/-(Six thousand) towards the cost of litigation to the complainant.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 14th day of March' 2016.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
Date of Preparation:
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher.
