ALFA ELECTRONICS Vs. ANITA GUPTA

JUDGEMENT

(1.) M/s. Alfa Electronics have come up in appeal against the order dated 28th April, 1997 passed by the learned District Forum, Ambala, whereby complaint of Mrs. Anita Gupta alleging deficiency in service has been allowed against the appellant, while dismissing the complaint against the other opposite parties.

(2.) Complainant had approached the District Forum with the grievance that on 25th September, 1995 she had purchased one 5-L Laser Zet Printer from the opposite party No.2 (appellant), who is dealer of Hewlett Packard India, Ltd. and M/s. Godrej Trading and Service Company Ltd. Since a warranty of one year had also been given for the after sale service by opposite party No.2, the complainant approached the opposite party bringing to their notice the functional deficiencies in the machine. As the opposite party did not replace the machine the complainant approached the District Forum for the refund of the amount of Rs.29,276/- alongwith compensation of Rs.4,000/-.

(3.) In reply to the complaint the appellant pleaded that the complainant had no cause of action against them as they were only the dealers in the sale of printers. Moreover it was brought to the notice of the learned District Forum that the complainant had since been provided with new printer and as such her grievance stood redressed because it had been admitted by her that the new printer was working satisfactorily; hence she was not entitled to any refund of the price etc. The learned District Forum found as a fact that the printer had since been replaced on 29th November, 1996 i. e. within the reasonable period of the receipt of the letter dated 1st August, 1996 and there was no delay in the replacement; hence she was not entitled to any compensation. Despite that, the complaint has been allowed and Rs.2,000/- has been awarded by way of harassment and mental agony suffered by her alongwith Rs.500/- as costs.