D.O.F:17/01/2023
D.O.O:20/07/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.13/2023
Dated this, the 20th day of July 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Abdulkhader Mundol, aged 63 years
S/o Abdulla Mundol (late),
R/at MundolEstt; Near New Bus Stand,
Kasaragod, Kerala - 671121 : Complainant
(Adv: K. Kumaran Nair & Sabari . L.S)
And
- The Chief Executive Officer,
Savex Technologies Private Ltd.,
Shiv Narayan Complex, GMd Fir,
Beside Central B.K Office,
Shakthi Garh, G.S.Road,
Guwahati – 781005, Assam
- The Chief Executive Officer,
HP INC, 24, Salarpuria Arena,
Adugodi, Hosur Road,
Bengaluru, Karnataka – 560017 : Opposite parties
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is a senior consulting civil engineer. On 04/01/2022 ‘the complainant purchased a cartridge HP 712b 80 ml black design jet ink manufactured by Opposite party No: 2 from the Opposite party No:1 through online on payment of Rs. 3743/-.The complainant received the product and while installing, it is found incompatible with HP designed T230 belongs to him, which is manufactured by Opposite party No: 2. The complainant placed the order after verifying the Opposite party No: 2’s website and selected the suitable cartridge. But the received cartridge is not fit for hisprinter. The complainant informed the same to Opposite party No:2 and requested them to replace it and send an e - mail on that effect on 11/11/2022. Though Opposite party No 2: sent a reply to the complainant directing him to send photos of cartridge from various angles so as to get the complete details of the same. On verifying the photos, the Opposite party No: 2 found the product incompatible but refused the request ofreplacement on the ground that the cartridge is opened. the Opposite party No:2 also directed the complainant to get replacement of the product from their nearest service center, which is located at Kochi, 200km away from Kasaragod, complainant’s office. So, it is not practicable for the complainant to take the cartridge to the said service center. The complainant suffered huge financial loss as he was unable to take the printout of the plans and the other papers intime. He lost some of the reputed clints due to this deficiency in service. The complainant undergone hardships due to the refusal by the Opposite party No:2 toreplaces the cartridge. There is negligence and deficiency of service on the part of both Opposite parties which resulted in, financial loss and mental agony to the complainant. The Opposite party No:1 is the authorized distributor of Opposite party No:2, and Opposite party No: 2 is the manufacturer of the cartridge. The complainant assesses the damage sustained to him on account of unfair trade practice and deficiency of serviceis Rs. 1 lakh and Opposite parties are jointly and severally liable to pay the same. The complainant had issued several communications in this regard to Opposite parties. But there was no response from Opposite parties. Therefore, the complainant seeking for the replacement of the cartridge instead of the incompatible cartridge supplied by the Opposite parties or to refund the price with a compensation of Rs.1,00,000/- with future interest and cost.
Notice to Opposite parties to served, but they remained absent .name called absent set exparte.
The complainant filed proof affidavit in lieu of chief examination and Ext A1 and A-2 series marked. Ext A1 is the original receipt of Opposite party, Ext A2 series is the e-mail communications between complainant and Opposite parties.
The question raised for consideration are
- Whether there is any unfair trade practice, or deficiency of service on the part of Opposite parties?
- Whether the complainant is entitled for relief
- If so, what is the relief?
For convenience all issues can be discussed together.
Here the complainant purchased a black design jet ink cartridge from Opposite party No: 1. which is manufactured by Opposite party No: 2for Rs. 3743/- Ext A1is theoriginal receipt produced herewith. The complainant received the product but by installing, it is found incompatible with his printer. He found it is not fit for his printerand informed the same to Opposite party No:2, the manufacture. The complainant sent an e-mail of the same to Opposite party No:2 and requested him to replace it , Ext A2 series are the e mail communication between complainant and opposite party. As per the direction of Opposite party No: 2 complainant sent photos of cartridge andat last the Opposite party No:2 instructed the complainant to get replacement of the product from their nearest service center Kochi, which is about 200km away from the complainant’s office. Hence, he ignored the suggestion of replacement. The allegation of the complainant is that hehad undergone huge loss and hardships due to the negligence on the part of the Opposite parties. As the complainant is not interested to get replacement of the product, It is a practicable and possible on the part of Opposite parties to refund the price of the product. Otherwise, the same complaint may repeat. The opposite party can once againsend the product but the same issue may arise. The product may not be compatible with complainants’printer. There is deficiency of service and unfair trade practice on the part of opposite parties in rejecting the request of the complainant. The opposite parties are bound to give proper after sale service to the complainant. on considering the affidavit and documents of complainant he is entitled for relief.The complainant’s prayer is for a compensation of Rs. 1,00,000/- but he has not produced any documentary evidence to prove such a huge loss.Hence considering the circumstances of this complaint this commission holds that complainant is entitled for a compensation of Rs 5000 along with refund of the price of the cartridge.
In the result complaint is partly allowed directing Opposite parties to refund Rs. 3743/- with interest @ 8% from the date of complaint till payment, with a compensation of Rs 5000/- (Rupees Five thousand only) along with a cost of Rs. 3000/- (Rupees Three thousand only) to the complainant within 30 days of the receipt of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Tax Invoice
A2 series- E- mail communications
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
