3. Notice of the complaint was issued to the opposite party no.1 who appeared through its counsel and filed its written reply taking the preliminary objection that the complaint of the complainant is not maintainable in the present form and the complaint of the complainant is bad for non-jointer of the necessary parties as the Samsung Company is the necessary party. On merits, it was admitted that the complainant purchased one Samsung Printer from the opposite party on 18.5.2018 for Rs.6,000/- i.e. (Rs.5085/- price of Printer including CGST and SGST) vide bill/invoice no.377 dated 18.05.2018. It was submitted that the printer was given to the complainant in a sealed box of Samsung as delivered by the company. Opposite party is just a dealer, who was doing the business of selling the computer and warranty on the sold articles is the on Site Warranty of manufacturing company and not the opposite party. The complainant has used the said printer for six months and is working perfectly. It has further submitted that actually the opposite party has no concern with the said printer after selling the same. The printer was not installed by the opposite party, rather it was installed by the complainant at his own. If there is any defect in the Printer, the same must be reported to the manufacturing company i.e. Samsung and only they are liable for the warranty of the said printer. Moreover the Samsung Company has opened a number of service center and the problem if any encountered to the complainant, he must approach to the service center for his grievances. The opposite party is not in any manner involved in the said process, as it is a direct process between a consumer and the company. Thus, there is no deficiency in service on the part of the opposite party. All other averments made in the complaint have been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Rejoinder filed by the complainant.
5. Notice of the complaint issued to the opposite party no.2 was not received back. Case called several times but none had come present on its behalf, therefore, it was proceeded against exparte vide order dated 11.6.2019.
6. Alongwith the complaint, complainant has filed his own affidavit alongwith documents Ex.C1 and Ex.C-.2.
7. Alongwith the written statement, the opposite party no.1 has filed affidavit of Rishi, Proprietor, Sai Computers Ex.OP-1.
8. Written arguments filed on behalf of complainant.
9. We have carefully gone through the pleadings of counsels for the parties and written arguments by complainant; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.
10. Ex.C-1 is the copy of Invoice, whereby the complainant purchased one Samsung Printer from opposite party no.1 on 18.5.2018 for a sum of Rs.6,000/-. Ex.C-2 is the warranty card as per which the said printer was under warranty for one year. It is alleged that after a few days of the installation of the said printer it stopped functioning due to some technical defect and the complainant contacted opposite party no.1, who kept on lingering on the matter on one pretext or the other. Ultimately on 6.11.2018, opposite party no.1 told the complainant to bring the printer to its shop and accordingly the complainant took the printer at the shop of opposite party No.1. On 7.11.2018, the mechanic of opposite party no.1 installed the printer at the place of work of the complainant but the said printer did not work properly. Again the mechanic of opposite party no.1 checked the printer on 9.11.2018 and 12.11.2018 but the said printer did not work properly.
11. In view of the aforesaid discussion, we find that the problem occurred in the printer during the warranty period and the opposite parties were bound to rectify the same. Failure on their part to rectify the same despite repeated efforts amounted to deficiency in service on their part. Hence we partly allow the complaint with a direction to the opposite parties to replace the printer with a new one of the same make with requisite warranty and if that is not possible to refund an amount of Rs.6,000/- (the same being the price of the printer). Opposite parties are further directed to pay a sum of Rs.3,000/- as compensation for the harassment undergone by the complainant alongwith a sum of Rs.5,000/- as litigation expenses. Order be complied within a period of 30 days of the receipt of copy of the order.
12. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Neelam Gupta)
President
Announced: (Jyotsna)
August 04, 2021 Member
*MK*
