Date of filing : 23-09-2008 Date of order : 05-06-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C.No.178/08 Dated this, the 5th day of June 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Saidu Moideen, Proprietor, Karatil Photocopy, } Complainant Palakunnu Main Road, Po.Bekal. (Adv. Manikandhan Nambiar, Kasaragod) 1. Operation Controller, Xerox Modicorp Ltd, } Opposite parties Kaloor Towers, 36/1951, Ernakulam Road, Kaloor Kochi- 682017. 2. CA office Machines, North Manor, 4A, Pullepady Road, Ernakulam Cochin-18. 3. M/s Bits-Tact Infotech Pvt Ltd, 3/309-A, Manayil, Karat Road, West Nadakavu, Kozhikod. 673011 (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Berfet of unnecessaries the case of the complainant is that he purchased a Xerox copying machine from opposite party that is having a full service maintenance agreement. The agreement was effected on 30-09-1997 and it is still in force after it’s revision in 2001. As per the service agreement initially the second opposite party was authorized to do the maintenance work subsequently in August 2007 the 3rd opposite party was authorized to do the service. 2. Now the 3rd opposite party did not attend the service hence the copies taken through the photocopier were not clear. It caused a depression in the business and the profit. After 14-8-07 the Xerox copier did not functioning properly. The opposite parties are not rendering their services to make it in good working condition. Hence alleging deficiency in service on the part of opposite parties the complainant filed this complaint against opposite parties claiming the replacement or repair of the photo copier and a compensation of Rs.85,000/-. 3. Eventhough notice to all opposite parties were sent by registered post and it was served on them they neither turned up nor filed their versions. Hence all of them set exparte. 4. Counsel for the complainant heard and Exts A1 to A6 marked. 5. The counsel for the complainant Adv. Manikandhan Namibar submitted that the opposite parties failed to render their service in making the photocopier in good working condition and as a result the photocopier is now kept idle. Ext. A1 is a letter dated 1-12-2001 issued by opposite party No.1 to the complainant about the revision in service charges. Ext. A2 is dated July 30, 2004 issued by opposite party No.1 to complainant with respect to the assignment of the full service maintenance agreement of the photocopier of complainant. Ext.A3 dt 14-8-07 shows that the Ist opposite party appointed opposite party No.3 and their authorized service provider. 6. The counsel for the complainant submitted that the photocopier is now kept idle due to lack of service by opposite parties and hence they are liable to repair or replace the photocopier and they are also liable to pay a compensation of Rs.85,000/-. 7. Considering the documents brought before us and also hearing the counsel for the complainant it is evident that the photocopier is 12 years old and an order of refund of the purchase price or the replacement of the Xerox copier with a new one would cause loss to opposite parties and it would be an unjust enrichment to the complainant. So the repair of the photocopier would do justice to the complainant. Therefore the complaint is allowed and the opposite parties are jointly and severally directed to repair and make the photocopier machine in good working condition and to pay a compensation of Rs.3000/- with a cost of Rs.2000/- to the complainant. In event of inability to repair the photocopier then the opposite parties shall jointly and severally pay a sum of Rs.20,000/- towards the value of the photocopier considering its depreciation in value and the new reduced rate of new photocopier machines along with the cost aforementioned and in such a circumstance the opposite parties can take back the photocopier in the present condition as it is kept. Time for compliance is limited to 30 days from the date of receipt of copy of order. MEMBER MEMBER PRESIDENT Exts. A1.1-12-01 Revised full service maintenance agreement A2. Assignment of the Full Service Maintenance Agreement A3. 14-9-07 Change in Authorised Service Provider A4.07-06-07 Invoice A5. 14-03-07 Invoice A6. 14-03-07 receipt issued by 2nd opposite party MEMBER MEMBER PRESIDENT Pj/
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
