Consumer Complaint No. 29/2012 Court No.4 Vijyaben Jayantibhai Javiya Mother of late Hirenbhai Jayantibhai Javiya, Proprietor of S.K. Solution 1, Amarnagar Street No.3, Mavdi Main Road, Rajkot. …Complainant Vs.

1. Trimos Metrology (I) Pvt. Ltd.

205/207 Hamilton “A” Wing Hiranandani Business Park, Ghodbunder Road, Patlipada,]

Thane, Mumbai.

2. Creaform India

124, Lower Ground Floor, Pocket-2, Jasola, New Delhi. …Opponents Appearance: Learned Advocate Mr. R. V. Sakaria, for the complainant Learned Advocate Mr. Janak Rajpurohit, for the opponent No. 1 and opponent No. 2 absent Coram: Mr. I. D. Patel, Judicial Member Dr. J. G. Mecwan, Member Order by Mr. I. D. Patel, Judicial Member

1. The present Consumer complaint has been filed under section u/s. 17 (A) (i) of the Consumer Protection Act, 1986 (For short “The Act”) by Vijyaben Jayantibhai Javiya, Proprietor of S. K. Solution against the opponent No.1 Trimos Metrology (I) Pvt. Ltd. and opponent No.2 Creaform India seeking relief as prayed for in para-8 of the complaint Viz. (1) To direct the opponents to pay jointly and severely Rs. 23,95,472.15/- with 18% annual interest from the date of invoice (2) To direct the opponents to pay Rs. 5,00,000/- for agony suffered by the complainant on premature death of her son because of opponents only (3) To direct the opponents to pay Rs. 1,00,000/- for mental and physical harassment and (4) To direct the opponents to pay Rs. 25,000/- for the costs of this complaint.

2. The conspectus part of the materials facts giving birth to the present compliant may shortly be narrated at the outset so as to appreciate the merit of the compliant and challenged against it. That as per the case of the complainant the complainant is a mother of late Hirenbhai Jayantibhai Javiya, proprietor of S. K. Solution and Mr. Hiren the son of the complainant had purchased from opponent SYS H3D EXA EXAscan Laser Scanner machine from opponent No.1 Trimos Metrology (I) Pvt. Ltd. vide invoice No. 12376 dated 3 March, 2010 for Rs. 23,95,472.15/-. It is further the case of the complainant that the opponent No.1 is a authorized dealer and distributor of products manufactured by opponent No.2. The opponent No.2 is a local office of Canada base Company manufacturing laser scanner. Further it is a case of the complainant that Mr. Hiren the son of the complainant had purchased the said machine relying on the promise of opponent No.1 and trusting him about the quality assured complainant son and finalized the order of purchasing the instrument through opponent No.1 as he was a dealer of the manufacturer of M/s. Creaform India. It is further the case of the complainant that on receiving the scanner from opponent No.1 the son the complainant deceased Hiren installed a various device and software program as per the manual supplied by the manufacturer i.e. opponent No.2. however, he could not get desire result and accuracy as promise by opponent No.1. It is further the case of the complainant that since beginning complainant’s son encountered with problem of running a scanner for the purpose it was bought. The first problem among the others was incompatible card. Then after problem persisted continue one after another. And for all the time opponents offered temporary solution but did not care to get it run for longer time with satisfactory accurate result and performance so that he could earn and pay at least installment of his loan.

3. It is further the case of the complainant that every time complainant’s son Mr. Hiren contacted opponent 1 and 2 over email narrating problem he encountered but opponent did not offer him a permanent solution and ultimately because of the depression & stress the complainant’s son Hiren died on 20.10.2010. It is further the case of the complainant that after the sad demise of Mr. Hiren,