Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 16.06.2016
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the price of photo printer Rs. 9,030/- with interest @ 20% or replace the defective photo printer under same model.
- To direct the opposite parties to pay Rs. 25,000/- (Rs. Twenty Five Thousand only ) as compensation.
- To direct the opposite party to pay Rs. 5,500/- ( Rs. Five thousand Five Hundred only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he is an educated and unemployed and running a studio in the name and style of M/s Chitra Chhaya Studio which is the source of his livelihood.
It is further asserted by the complainant that he has purchased a photo printer from opposite party no. 1 after paying Rs. 9,030/- on 21.07.2012 vide annexure -1. The aforesaid printer was duly installed under the instruction of technician of the opposite parties.
It is further case of the complainant that since the date of purchase the photo printer did not function properly and thereafter he informed opposite party no. 1 whose engineer after examination and test informed the complainant that the photo printer will automatically adjust and will be defect free after some period but this did not happened. Thereafter the complainant again approached opposite party no. 1 who directed him to approach customer service centre (opposite party no. 2) so that the said photo printer is to be replaced with another of the same description. After detail examination of photo printer the opposite party no. 2 issued a job card in respect of defective photo printer and assured him that defect free photo printer will be provided to him within a short period.
The grievance of the complainant is that till date the photo printer machine has not been replaced with another of the same description despite his repeated request and now the opposite party have refused to take any action in this regard.
From perusal of the record it appears that this case was admitted on 28.01.2013 and when despite issuance of registered notice the opposite party did not appeared, the service was declared valid on 25.09.2013 because the registered notice has not returned. As the opposite parties did not appeared, the case was heard exparte manner.
It is the case of the complainant that he has purchased a photo printer vide annexure – 1 after paying Rs. 9,030/- on 21.07.2012.
The aforesaid photo printer did not work properly from the date of installation of the same under the instruction and supervision of opposite parties.
The complainant was directed by opposite party no. 1 to approach opposite party no. 2 for replacement and as such the complainant approached opposite party no. 2 i.e. service centre who after finding the aforesaid machine defective issued job card which is annexed as annexure – 2.
From perusal of annexure – 1 and 2 it is crystal clear that the aforesaid photo printer was defective and opposite parties have not rendered proper service in accordance with law and as such their conduct clearly disclose their deficiency on their part.
As there is no counter version of the aforesaid fact which has been filed on affidavit, hence we have no option but to accept the facts asserted by the complainant.
In view of the fact and circumstances we find and hold that all the opposite parties are jointly and severally responsible for the deficiency in the service.
We therefore direct opposite party no. 1 to return the price of photo printer i.e. Rs. 9,030/- to the complainant which the complainant has purchased vide annexure - 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party no. 1 will have to pay an interest @ 10% on the said amount till its final payment.
Opposite party is directed to pay Rs. 5,000/- to the complainant by way of compensation and litigation costs within the period of two months.
Opposite party no. 1 is at liberty to realize the aforesaid amount from another opposite parties.
The complainant is also directed to hand over the aforesaid photo printer to opposite party no. 1 if the same is in his custody at the time of receiving the amount.
Accordingly this complaint stands allowed to the extent indicated above.
Member President
