STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

The General Manager/H.R. Manager/Director, Fujifilm India Pvt. Ltd., Vatika Business Park, 7^th  Floor, Block 1, Sohna Road, Sector 49, Gurgaon (Haryana)

.

……Appellant/Opposite Party No.2

Versus

1. Ajay Garg, son of Sh.Malvinder Garg, Resident of House No.605, First Floor, Sector 40-A, Chandigarh. (Complainant/respondent no.1)
2. The Manager, E.sys Information Technologies Pvt. Ltd., SCO No.326, Sector 40-D, Chandigarh (Service Dispensed with vide order dated 10.09.2012) (Opposite Party No.1/respondent no.2).      
3. The Manager, M/s Grand Stores, L.L.C., P.O. Box-2144, Sharjah- United Arab Emirates. (Service Dispensed with vide order dated 10.09.2012) (Opposite Party No.3/respondent no.3). 

              ....Respondents

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:   JUSTICE SHAM SUNDER (RETD.), PRESIDENT.

                MRS. NEENA SANDHU, MEMBER.

Argued by: Sh. D.K. Singal, Advocate for the appellant.    

                   Sh. Gurpreet Sharma, Advocate for respondent no.1.

                   Service of respondents no.2 and 3, dispensed with, vide                       order dated 10.09.2012.

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

              This appeal is directed against the order dated 02.05.2012, rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (hereinafter to be called as the District Forum only) vide which, it accepted the complaint, filed by the complainant (now respondent no.1) and directed Opposite Party No.2 (now appellant), as under:-

“As a result of the above, we are of the opinion that the compliant must succeed qua OP No.2 (Fujifilm India Pvt. Ltd.).  The same is accordingly allowed.  The OP No.2 is  directed to replace the Camera in question with new one of the same Model & Configuration or to refund the cost of the Camera i.e. 799 AED in Indian currency.  OP No.2 is also directed to pay Rs.5000/- as compensation to the complainant along with litigation cost of Rs.5000/-. 

This order be complied with by the OP No.2 within a period of 30 days, failing which it shall be liable to pay the above awarded amount along penal interest @12% p.a. from the date of filing this complaint i.e. 01.11.2011 till its actual payment to the complainant, besides paying litigation costs, as aforesaid”.

2.             The facts, in brief, are that the complainant, purchased one Fujifilm’s Digital Camera, Model No.S8000 FD, from Opposite Party No.3, on 20.8.2010, vide cash memo, Annexure C-1, having international warranty for one year, vide Annexure C-2. The said camera stopped functioning, just after 9 months of its purchase. The complainant, then took the same, to Opposite Party No.1-Service Centre of the Company for repairs. The Manager of Opposite Party No.1, told the compla