Subject of the complaint which compelled the complainant to hook this commission is that the complainant purchased one HP Printer (having description HP INK TANK 319, product serial No.CN81D1F1P2) from Net Club (OP NO 3) on 14/05/2018 at a cost of Rs.10,450/- (Rupees ten thousand four hundred fifty only ) and a Tax Invoice /Cash Memo Serial No.3725 was duly insured to the effect  by Net Club in favor of the complainant. The complainant was given a 2 years warranty period from the side of HP India Sales Pvt. Ltd. Company (OP NO 2) though Net Club over online in the respect of the said painter. HP Care (OP NO 1) is the authorized service centre of Malda of HP India Sales Pvt. Ltd. Company. That since purchase the said printer was not functioning in proper manner and the complainant time to time informed the same to the respondent no 1 and 3 on regular basis but in vain. The problem like paper jam, mal functioning, legibility etc. was going on but proper service was not providing by the respondents as per terms of warranty. Service call report of respondent no 1 will substantiate the same. That repeated request by the complainant to all respondents for making the same in normal functioning yield no result and for which he suffered heavily. They neither replaced the printer nor repaired. So due to their deficiency in service and unfair trade practice the complainant was suffering much loss. Hence this complainant approached before this commission for relief as repair or replace the said printer and compensation of 30,000/- of harassment and agony and litigation cost 50,000/-. 

In order to substantiate the complaint, he filed the documents like photo copy of Tax invoice/ Cash Memo of Net Club and photocopy of service calls report of HP Care and examined himself in writing with affidavit. OPs as company receives summons, they filed WV but they did not turn up for their evidence in writing with affidavit.

Decision with Reasons

Points to be decided: - whether there any deficiency in service and unfair trade practice by the OPs?

This commission carefully perused the complaint and all the testimonial evidence in writing by the complainant and also perused the documents of the printer.

     Now admitted position OPs filed written version only but they did not adduce their written evidence.

     Consequently on perusal of the aforesaid documents submitted by the complainant this commission has no alternative but to hold that there is deficiency of service on the part of the OPs in providing service to the complainant and the complainant is thereby entitled to get relief.

Hence Ordered

OPs are directed to replace the printer jointly or severally within 45 days from this order.

     In addition to complainant is entitled to get compensation of rupees 3000/- as harassment and mental agony to approach before this commission.

If none of the relief is given to the complainant is opted by the OPs Complainant is liberty to put in Execution of the final order of this commission as per provision of Consumer Protection Act 2019.

Let a copy of order be supplied to parties free of cost.