DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 55 of 20-02-2008<br /> Decided on :25-04-2008 <br /> <br /> 1.Ram Sarup Mangla S/o Kulwant Rai, H. No. 32928, Mangla Street, Paras Ram Nagar, Bathinda, Sole Prop. M/s. Jai Luxmi Flex Printers, SCF 81, Goniana Road, Bathinda.<br /> 2.M/s. Jai Luxmi Flex Printers, SCF 81, Goniana Road, Bathinda, through its Sole Prop. Ram Sarup Mangal S/o Kulwant Rai, H. No. 32928, Mangla Street, Paras Ram Nagar, Bathinda. <br /> .... Complainants<br /> Versus<br /> <br /> 1.Superior Technologies Corp. Office 9116/3, Ist Floor, Multani Dhanda, Paharaganj, New Delhi 110055 through its Partner/Prop./M.D.<br /> 2.Superior Technologies J.S. Sethi Business Centre 4/1 Ist Floor Cabin No. 1.7 D.B . Gupta Road, Paharaganj, New Delhi 110 055 through its M.D./Prop/Partner.(Deleted vide order dated 31-3-08) <br /> <br /> ... Opposite parties <br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Sh. Lakhbir Singh, President<br /> Dr. Phulinder Preet, Member<br /> <br /> For the Complainant : Sh. K.K. Vinocha, Advocate.<br /> For the Opposite parties : Exparte.<br /> <br /> O R D E R<br /> <br /> LAKHBHIR SINGH, PRESIDENT<br /> 1. Instant one is a complaint under Section 12 of the consumer Protection Act, 1986 (Here-in-after referred to as 'Act') which has been preferred by the complainants seeking direction from this Forum to the opposite parties to immediately install Digital Inkjet Printer; pay interest @2% per month on its value i.e. Rs. 2,43,080/- from the date of sale i.e. 7.9.07 till installation; refund the price alongwith interest in the event it is not installed; pay Rs. 50,000/- as damages/compensation for mental tension and agony besides cost of the complaint.<br /> 2. Version of the complainant lies in the narrow compass as under :<br /> complainant No. 1 for himself as well for the dependents of his family is earning his livelihood by running a Flex Printing Press under the name and style of M/s. Jai Luxmi Flex Printers, SCF-91, Goniana Road, Bathinda. Complainant No. 1 and he is its sole proprietor. Work is being done manually as well as with the aid of equipment/machinery which include Digital Inkjet Printer. Opposite Party No. 1 agreed to sell Digital Inkjet Printer size 5 feet for a consideration of Rs. 2,36,000/- vide its letter dated 12.5.07 on the following terms and conditions :<br /> 1. Sales Tax : @3% against C-Form<br /> 2.Installation : By Engineer of O.P.at site (i.e. at premises of complainants)<br /> 3.Warranty : One year on site, excluding consumables from the date of installation.<br /> 4. Delivery : 2-5 days after confirmation of order.<br /> 5. Payments : Rs. 1,86,000/- advance balance after delivery. etc. etc.<br /> Order was placed and full payment was made by the complainant. Thereafter Digital Inkjet Printer was supplied vide Invoice book No. 2, Serial No. 079 dated 7.9.07. Request was made to the opposite parties to get installed the printer at their premises from their Engineer as per undertaken given by them vide reference No. Qt/ST/WC/292, but hey continued putting of the matter on one pretext or the other. Act and conduct of the opposite parties have caused him financial loss, mental tension and agony. He got served legal notice upon the opposite parties, but no reply was sent. In these circumstances, they allege deficiency in service.<br /> 3. Originally there were two opposite parties. Name of opposite party No. 2 has been got deleted by the complainant on 31.3.08. Registered A.D. post notice was issued to opposite party No.1 i.e. Superior Technologies on 27.2.08. Neither registered cover nor A.D was received till 31.3.08. Since 30 days had elapsed, opposite party No. 1, i.e. Superior Technologies was deemed to have duly served. No-one came on its behalf. Accordingly it has been proceeded against exparte.<br /> 4. We have heard learned counsel for the complainant. Besides this, we have gone through the record.<br /> 5. Purchase of Digital Inkjet Printer by the complainants from Superior Technologies stands proved from the invoice dated 7.9.07 copy of which is Ex. C-3. A perusal of the same reveals that it was purchased for a consideration of Rs. 2,36,000/- . A sum of Rs. 708/- has been added as VAT/CST @3%. Total amount paid by the complainant is Rs. 2,43,080/-. As is evident from Ex. C-2 printer was agreed to be installed by Superior Technologies at the site of the complainant. Grouse of the complainants is that it was purchased on 7.9.07 but it has not so far been installed at their premises. Since opposite parties were not installing it, they issued legal notice, copy of which is Ex. C-4. Ex. C-7 is another affidavit of complainant No. 1 which reveals that printer has been installed in their premises on 3.3.08. Installation of the printer on 3.3.08 is also proved from the Installation Report and Customer Service report copies of which are Ex. C-8 & Ex. C-9. This complaint was preferred on 20.2.08. Opposite parties have installed printer during its pendency. Opposite party No. 1 has not performed its part of the contract as agreed through letter copy of which is Ex. C-2. This evidence on the record has gone unchallenged and unrebutted as opposite party No. 1 has not mustered courage to contest the complaint. From the perusal of the evidence on the record crux of the matter is that deficiency in service on the part of the opposite party is established.<br /> 6. Now question arises as to which relief should be accorded to the complainants. Admittedly printer has been installed on 3.3.08. We are of the view that reasonable time for its installation could be 15 days from the date of purchase which is 7.9.07. In these circumstances, opposite party could easily install it upto 22.9.07. Due to non-installation of printer, complainants must have undergone financial loss. Act and conduct of the opposite party must have caused him mental tension and agony. In these circumstances, we deem it fit that direction be given to the opposite party to pay interest on Rs. 2,43,080/- to the complainant @9% P.A. from 22.9.07 till 2.3.08. Complainant is craving for compensation of Rs. 50,000/-. There is no case to allow it in view of the relief which is going to be accorded as above. Out of compensation and interest one can be allowed.<br /> 7. No other point was urged before us at the time of arguments.<br /> 8. In the result, complaint is partly allowed exparte against opposite party with cost of Rs. 1,000/-. Opposite party No. 1 is directed to do as under :-<br /> i) Pay interest to the complainant on Rs. 2,43,080/- @9% P.A. from 22.9.07 till 2.3.08.<br /> Compliance of this order be made within 30 days from the date of its receipt.<br /> Copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.<br /> Pronounced :<br /> 25-04-2008 (Lakhbir Singh )<br /> President<br /> <br /> (Dr.Phulinder Preet)<br /> Member