DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 29th day of March 2010.
Present : Smt. H. Seena, President : Smt. Preetha G. Nair, Member : Smt. Bhanumathi.A.K, Member C.C.No.158/2009
A. Indira Devi W/o. P. Jayadevan Rohini Computer Centre Railway Colony Road Kallekulangara (P.O) Palakkad – 678 009 - Complainant (Party in person) Vs
The Proprietor M/s. Galaxy System O S Complex Olavakkode Palakkad – 678 002 - Opposite parties O R D E R By Smt. Bhanumathi.A.K, Member
The case of the complainant in short is as follows.
The complainant purchased a Xerox Laser Printer bearing No. L93694116 from M/s. Galaxy System, O S Complex, Olavakkode, on 10/04/2009 with one year warranty. Soon after purchase, several problems were noted with the machine such as spreading of ink, unclear printout, jamming of paper, fading of print etc. Several times the complainant informed the matter to opposite party directly and over phone. As the defect occurred within the warranty period, the complainant wanted the opposite party to replace the spare parts. But the opposite party did not take any steps to replace the defective spare parts. At last the complainant sent a registered letter requesting the opposite party to rectify the defects of Xerox Laser Printer. Finding no response from the side of opposite party the complainant filed a petition to direct the opposite party to pay an amount of
Rs.13,000/- including the cost of the printer and the compensation.
Complaint was admitted. Opposite party was set ex-parte.
Complainant filed affidavit and Exhibit A1 to A5 documents were marked.
Matter heard.
Issues to be considered are: Whether there is any deficiency in service on the part of opposite party? If so what is the reliefs and costs?
We have perused the relevant documents on record. Exhibit A2 document shows that the complainant purchased a Xerox Lazer Printer for Rs.5,423/- on 10/04/2009 with one year warranty. Exhibit A1 is the warranty card. In the service call note, Exhibit A5, it is specifically noted that “paper not clear, ink damaged on paper etc. The defects occurred on 19/09/2009 that is within the warranty period itself. The representative from the Service center suggested to replace the Drum and cartridge. As the defects occurred within the warranty period the opposite party is liable to replace the defective parts. But opposite party did not replace the same. It is clear deficiency of service on the part of opposite party.
Hence we are of view that not taking any initiative steps by the opposite party to replace the defective parts is clear deficiency on the part of opposite party.
In the result complainant allowed. Opposite party is directed to pay an amount of Rs.5,423/- being the cost of the printer to the complainant and Rs.1,000/- as compensation and Rs.500/- as cost of the proceedings. The complainant is directed to give back the printer to the opposite party when the order is complied. - 3 - Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry interest at the rate of 9% per annum from the date of order till realization.
Pronounced in the open court on the 29th day of March 2010 PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD) APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Warranty card Ext. A2 – cash receipt dated 10/04/2009 Ext. A3 - Copy of registered letter
4. Ext. A4 - Acknowledgment card 5. Ext. A5 – Service call note Exhibits marked on the side of the Opposite Party Nil
Forums Exhibits Nil Cost (Allowed) Rs.500/- (Rupees Five hundred only) Forwarded/By Order Date of fair copy: 06/04/2010 Date o
| | HONORABLE Smt.Bhanumathi.A.K, Member | HONORABLE Smt.Seena.H, PRESIDENT | HONORABLE Smt.Preetha.G.Nair, Member | | 
