BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 189/2009 Filed on 28.07.2009

Dated : 31.12.2009

Complainant:

Jose Stanley. M, S/o Marcelline, residing in House No. 42, Asan Nagar, Vallakkadavu P.O, Thiruvananthapuram.

(By adv. N. Bija Krishna)

Opposite party:

The Manager, Redington India Ltd., T.C 15/1805(2), 1^st Floor, Mahesh Estates, Vazhuthacaud, Thiruvananthapuram.

This O.P having been heard on 10.12.2009, the Forum on 31.12.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Brief facts of the case are as follows: The complainant in this case is an advocate. He purchased a HP Printer (DJ 3325, Serial No. TH318210DD) for his personal use, after a few months of use, the printer went out of order. So the complainant entrusted the printer to the 1^st opposite party, the Service Centre to rectify the defects on 08.10.2007. The 1^st opposite party assured that they will rectify the printer within 10 days. Thereafter complainant enquired several times to the 1^st opposite party about the printer. But each time they answered that the spare parts were not available to rectify the defects. Due to that reason, he did not get the printer and so he was constrained to avail services from private firms for his needs. The deficiency in service from the side of 1^st opposite party caused the complainant irreparable loss. Complainant entrusted the printer to the 1^st opposite party on 23.10.2007, but till date the opposite party did not return the printer after repair. Hence this complaint.

In this case 1^st opposite party accepted notice from this Forum. But not turned up to contest the case. Hence the 1^st opposite party remains exparte. The complainant filed a petition to remove the 2^nd opposite party from the party array, since the complainant did not want any relief against the 2^nd opposite party. Hence that petition was allowed.

The complainant has filed proof affidavit and produced one document marked as Ext. P1.

Points that would arise for consideration are:-

1. Whether there is deficiency in service from the side of 1^st opposite party?

2. Whether the complainant is entitled to get the reliefs and costs?

Points (i) & (ii):- Complainant entrusted the printer for repair to the 1^st opposite party on 08.10.2007. Ext. P1 is the receipt No. TV/07/01311 dated 08.10.2007 issued by the 1^st opposite party to the complainant. Ext. P1 is the evidence that the complainant entrusted the printer to the 1^st opposite party. But even after long lapse of time, the opposite party did not take any effective steps to repair the printer and to return the same in proper working condition. Even after the receipt of notice from this Forum the 1^st opposite party did not turn up to settle the matter or contest the case. This act of the opposite party amounts to deficiency in their service. The affidavit filed by the complainant stands unchallenged. Through the affidavit and document produced by the complainant, he has established his case. Due to the deficient service of the opposite party the complainant has suffered mental agony and financial loss. Hence the opposite party is liable to compensate the same.

In the result, opposite party is directed to return the duly repaired printer (DJ 3325, Serial No. TH318210DD) to the complainant or supply a new printer of the same specification or its value. The opposite party shall also pay Rs. 2,000/- as compensation and Rs. 1,500/- as costs. If it is already repaired, complainant shall pay the repairing charge to the opposite party. Time for compliance is one month from the date of receipt of the order. Thereafter 12% annual interest shall be paid to the entire amount.

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 31^st day of December 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 189/2009

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Jose Stanley. M

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of customer receipt dated 08.10.2007 issued by

opposite party.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT