H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA First Appeal No. : 303/2019 Date of Presentation : 05.09.2019 Order Reserved on : 14.05.2024 Date of Order : 11.06.2024 _____

M/s Hewlett Packard India Private Limited, Tower (D) Global Business Park Mahroli, Gurgaon Road, (Gurgaon) Haryana.

…… Appellant/Opposite Party.

Versus

1. The Chief Architect, H.P.P.W.D. Nigam Vihar, Shimla-2, H.P ..…Respondent No.1/complainant.

2. H&H Technologies Pvt. Ltd. Flat No.2, Block-C, Verma Apartment, Birkhana, Bye-pass road, Khalini, Shimla-2, H.P.

3. H&H Technologies Pvt. Ltd. S.C.O. 198-200, 3^rd Floor, Sector-34A, Chandigarh.

4. H.P. State Electronic Development Corporation Ltd. 1^st Floor, IT Bhawan Beolia Road, Mehli-Shimla-171013 H.P.

..…Respondents/ Opposite parties.

Coram Hon’ble Justice Inder Singh Mehta, President Hon’ble Mr. R.K. Verma, Member

Whether approved for reporting? Yes 1Whether reporters of the local papers may be allowed to see the order?

For the Appellant: Mr.Rahil Mahajan, Advocate vice Mr. Gobind Korla, Advocate.

For Respondent No.1: Ms. Charu Gupta, ADA.

For Respondents No.2&3:Ms.Sonam, Advocate vice Ms.Seema Sood, Advocate For Respondent No.4: None.

Justice Inder Singh Mehta, President

O R D E R

Instant appeal is arising out of the order dated

11.06.2019 passed by Learned District Consumer Commission, Shimla, H.P. in Consumer Complaint No.150/2015 titled as The Chief Architect, HPPWD Vs. H & H Technologies Pvt. Ltd. & Ors.

Brief facts of Case

2. Brief facts of the case are that the complainant is Chief Architect in HPPWD, Nigam Vihar, Shimla and the complainant had purchased multifunctional scanner/plotter (HP Design Jet 820 MFP) for the official purpose on 27.03.2007 for Rs.11,53,000/- which was manufactured by opposite party No.3/manufacturer through opposite party No.4. The said scanner/plotter has gone out of order in February, 2015 and as such the complaint was lodged with the opposite party No.1/ H & H Technologies telephonically, who is local service provider and in response to the complaint engineer was sent by the opposite parties on 11.02.2015 to the office of the complainant, who after inspection opined that scanner needs to be checked by Sr. Engineer from the office of the opposite party No.2/service centre. Thereafter, Sr. Engineer visited the office of the complainant and after inspecting the scanner, he came to the conclusion that maintenance kit is required to be replaced in the machine and thereafter, the opposite parties were requested to do the needful in the matter, but to the utter surprise of the complainant, the company has alleged that since the plotter/scanner is ten years old and it is no longer under service and maintenance kit is not available in all over India since 2013, whereas the said scanner is only eight years old. The company had assured the complainant’s department at the time of purchase of scanner that spare parts and service shall be provided by the opposite parties as and when required by the complainant and due to the non-functioning of the scanner, the work of the department has come to a standstill, which act and conduct of the opposite parties amounts to deficiency in service. Hence, the present complaint.

3. The complaint so filed has been contested by the opposite parties No.1 and 2/service centres by filing reply and stated that the complainant has purchased plotter/scanner from the opposite party No.4/ H.P. State Electronic Development Corporation Ltd. and the opposite parties No.1 and 2 who are authorized service centres of the manufacturer acted as per the direction of the opposite party No.3 who is manufacturer of the plotter/scanner. The plotter/scanner has worked well since its purchase on 23.03.2007 and the opposite parties No.1 and 2 have been providing prompt services as and when required by the complainant. The plotter/scanner was under warranty period only for one year from the date of invoice and the warranty had expired in March, 2008 and the complainant had the optio