Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.04.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a UPS vide annexure – 1 for the amount of Rs. 1,300/- from opposite party. After purchase of the same the UPS developed some defects. Thereafter in order to get the same repaired he visited the shop of opposite party on 19.12.2012 but he was advised to come on 20.12.2012 on which date the complainant again visited the shop but he was advised to approach Service Centre which was from some distance of the shop of opposite party. Thereafter the complainant visited the service centre but the service centre refused to repair the UPS. The complainant then approached the opposite party again.
It has been further asserted by the complainant that when he approached the opposite party then he stated that warranty has ended because the UPS was opened by the complainant. Thereafter due to defect in the UPS her LCD was affected and she was compelled to got her LCD and Computer repaired.
It has been asserted that due to defect in UPS all main data stored in the computer has been washed away which has resulted in mental agony and shock to the complainant.
The complainant thereafter sent a legal notice vide annexure – 3 but the grievance of the complainant was not redressed by opposite party.
On behalf of opposite party a show cause / written statement was filed stating therein that as the manufacturer and importer of the product has not been made party, hence this case be dismissed for non joinder of the parties because the opposite party is dealer and sole responsibility of warranty of product lies with the manufacturer/ importer.
It has been further asserted that the manufacturer service centre lies situated at Campuage Infocom Ltd., Krishna Bhwan Compound behind Rajasthan Hotel, Frazer Road, Patna – 800001.
In Para – 4 of the show cause following facts have been asserted by opposite party “ that the said UPS was purchased by complainant on 28.07.2012 and admittedly no defect found in the said UPS till 19.12.2012 and when the complainant reported to opposite party regarding complain in the said UPS then the opposite party rightly asked her to visit service centre for rectification of if any defect in the said UPS because the opposite party is not supposed to open the said UPS during the warranty period.”
No rejoinder has been filed by the complainant to show cause / written statement filed on behalf of opposite party.
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It is needless to say that the purchase of the aforesaid UPS has been admitted and it has been also admitted that after UPS became out of order then the complainant has approached the shop of opposite party who advised the complainant to approach service centre ( vide Para – 4 of show cause ).
The next ground asserted by opposite party is that the opposite party is not supposed to open the UPS during warranty period. Thus it is crystal clear that the complainant had approached the opposite party during warranty period.
It is needless to say that the opposite party who sales the product of the Campuage Infocom Ltd. will be treated as agent of aforesaid company and hence when the complainant visited opposite party it was duty of opposite party to approach manufacturer or service centre for redressal of the grievance of the complainant but he simply advised him to go service centre and service centre refused to entertain the complaint of the complainant.
Hence in our opinion the opposite party will be held responsible for the mental agony and harassment of the complainant and this act of the opposite party definitely constitute deficiency on his part.
For the discussion made above we direct the opposite party to refund the price of UPS i.e. 1,300/- to the complainant which is shown in annexure - 1 within the period of one month from the date of receipt of this order or certified copy of this order failing which the opposite party will have to pay an interest @ 12% on the aforesaid amount till its final payment.
Opposite party is further directed to pat Rs. 2,000/- ( Rs. Two Thousand only ) to the complainant by way of compensation and litigation costs within the period of one month.
The opposite party will be at liberty to realized the aforesaid amount from manufacturer.
Accordingly this complaint stands allowed to the extent referred above.
Member President
