Kerala

Thiruvananthapuram

CC/114/2020

Harikumar S I - Complainant(s)

Versus

Police Staff Co-operative Society - Opp.Party(s)

30 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACADU, THIRUVANANTHAPURAM

PRESENT

                       SRI.P.V.JAYARAJAN       : PRESIDENT

                       SMT.PREETHA.G.NAIR   : MEMBER

                       SRI.VIJU.V.R                   : MEMBER

CC.NO.114/20 (Filed on : 26.05.2020)

ORDER DATED :  30.05.2022   

COMPLAINANT

          Harikumar.S.I

          Nandanam, Arayoor, Arayoor.P.O

          Amaravila (via)

          Neyyattinkara,

          Pin - 695122

          (Party in person)

                                                          VS

 

OPPOSITE PARTIES

 

1. The Secretary,

Thiruvananthapuram City Police Staff

Co-operative Society Ltd.No.696,

•  

Thiruvananthapuram – 14

 

2. TCS Technology,

Viradam, TC 22/1623,

•  

Thiruvananthapuram – 695010

 

3. Addon Technologies,
4.  
5.  

Thiruvananthapuram – 695003

1.  

 

6698606.  

SMT.PREETHA.G.NAIR  : MEMBER

Complainant is working in Police Department. As per the advertisement of first opposite party the complainant had purchased one printer for an amount of Rs.4990/- from the second opposite party on 18.09.2019 with one year warranty. But the print taken from the printer was not legible. The damage of printer was informed to the second opposite party and they requested the complainant to give the printer to third opposite party. On 25.01.2020 the printer given to third opposite party and they repaired and replaced the new parts and given back to the complainant. Thereafter the printer became defective after 45 days. Then the third opposite party demanded to refill the cartridge of printer. Then the complainant had given the printer to Canon authorized service centre, Neyyattinkara to refill the cartridge for an amount of Rs.500/-. But the printer has became damaged after taking two minutes print. Then the second opposite party informed the complainant to inform the damage of printer to company. On 17.03.2020 the complainant and one representative of second opposite party given the printer to third opposite party. After inspection third opposite party informed the complainant that third opposite party is promised to give a new printer if the printer is not repaired within one week. On 19.03.2020 the third opposite party called the complainant and informed that the printer is repaired and replaced damaged parts and demanded Rs.1500/-as cost to replace the cartridge and the same was paid by the complainant. The third opposite party was not given a new printer to complainant. The complainant was not ready to receive the repaired printer. The second opposite party also demanded the complainant to accept the repaired printer from third opposite party. But the complainant not taken back the repaired printer. The complainant asked second opposite party to receive the printer from third opposite party and given to him. But the second opposite party stated that they have got no responsibility to receive the printer. The act of opposite parties amounts to deficiency in service and unfair trade practice. Hence the complaint.  

          2.       After accepting the notice the opposite parties not present before the Commission and opposite parties set exparte.

          3.       Complainant filed proof affidavit and documents. Exts.A1 to A5 marked from the side of complainant.

Issues to be considered are :

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so what is the relief and cost.

Issues

          4.       We perused relevant documents from the records. The Ex.A1 shows that the complainant had purchased one Canon Printer from the second opposite party for an amount of Rs.4,990/-. As per Ext.A4 problem / symptoms Print Not Clear dated 17.03.2020. Ext.A5 series were the copy of prints taken in the printer shows not legible copies. The complainant stated that the printer was purchased on 18.09.2019 and given for repair on 17.03.2020. Therefore it is evident that the printer became damaged within six months. The opposite parties not adduced any evidence to disprove the case of the complainant.

                   In view of the above discussions, we find that the act of opposite parties amounts to deficiency in service.

                  In the result, complaint allowed. We direct the opposite parties 1 & 2 jointly and severally to pay Rs.4990/- as the price of printer and pay Rs.3000/- as compensation for mental agony by opposite parties and pay Rs.2000/- as cost of the proceedings , failing which the amount except cost carries interest @9% per annum from the date of order till realization.

                   A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

                     Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30^th day of May 2022.

 

                                                                          Sd/-

            P.V.JAYARAJAN : PRESIDENT

 

 

                                                                                     Sd/-

  PREETHA .G.NAIR: MEMBER

 

 

                                                                                            Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

Be/

APPENDIX

 

CC.NO.114/2020

 

List of witness for the complainant

 

PW1                               - Harikumar.S.I

 

Exhibits for the complainant

 

Ext.A1                            - Copy of order form dated 31.08.2019

 

Ext.A2                            - Copy of tax invoice

 

Ext.A3                            - Copy of terms and conditions of Addon Technologies

                                        dated 25.01.2020

 

Ext.A4                            - Copy of terms and conditions of Addon Technologies     dated 17.03.2020

 

Ext.A5 (series)                - Copy of SSLC certificate

 

 

List of witness for the opposite parties        - NIL

 

List of Exhibits for the opposite parties       - NIL

 

 

 

 

 

                                                                                               Sd/-

PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISTRICT CONSUMER

DISPUTES REDRESSAL

COMMISSION, VAZHUTHACADU,

THIRUVANANTHAPURAM

 

CC.NO.114/20

ORDER DATED :  30.05.2022