MALWA CONSUMER STORE Vs. MODI XEROX LIMITED

JUDGEMENT

(1.) Xthis is an appeal directed against order dated 23.1.2003 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum) in Complaint Case No.52 of 1999. The District Forum dismissed the complaint on the finding that the appellant failed to prove any manufacturing defect, deficiency in service or unfair trade practice on the part of the respondent.

(2.) A colour laser printer manufactured by Modi Xerox Ltd. for printing documents was ordered to be purchased by the appellant on 11.5.1998 with a deposit of a sum of Rs.2,05,000/- as an advance. The balance amount of Rs.50,000/- was to be paid after installation of the colour laser printer at its premises. The colour laser printer was to be installed within 15 days of the order placed by the complainant but it was installed belatedly on 11.6.1998. The complainant paid the balance amount of Rs.50,000/- to the respondent. On the date of installation itself, the complainant found the TP Kit missing for which payment of additional amount of Rs.8,000/- was made. The grievance of the complainant was that the colour laser printer posed several problems right from day one. These problems have been mentioned in the impugned order in Para 1 as (a) to (f ). The defects could not be removed by the respondents and as such the complaint was filed in the District Forum on the ground of manufacturing defects in the said colour laser printer and deficiency in service on the part of the respondents.

(3.) The complainant sought refund of the amount of Rs.2,05,000/-, the price of the colour laser printer aforesaid and a direction to the respondents to take back the laser printer from him. The complainant has also claimed interest @ 18% per annum from the date, the amount was deposited. The complainant prayed for costs of Rs.1,00,000/- as damages for mental harassment and loss of business.