BEFORE THE DAKSHINA KANNADA DISTRICT  CONSUMER DISPUTES REDRESSAL FORUM, ADDITIONAL BENCH,                                                                                       MANGALORE

Dated this the 22^nd November 2016

PRESENT

       SRI. VISHWESHWARA BHAT D      : HONBLE PRESIDENT

       SRI. T.C. RAJASHEKAR                    : MEMBER

ORDER IN

C.C.No.277/2013

(Admitted on 22.10.2013)

Mrs. Mamatha,

W/o Mr. Ganesh,

     Aged 37 years,

     Residing at BajalPakkaladka,

Kandanady Post,

     Mangalore.                

                                                    ….. COMPLAINANT

     (Advocate for the Complainant: Sri YBPR)

VERSUS

1. HIWA DIGI WEIGHING SYSTEM,

    Registered Office at # 1577.19/2,

    5^th    Á Cross, BSK 1^st Stage,

    2^nd Block, Mysore Bank Colony,

    Bangalore  50, represented

By its Authorized Signatory.

2. Mangala Scale Electronic

   Weighing Systems,

   Represented by its Partner,

Mr.Mansoor Ali A.S,

   20/20233,

   Mohammed Ali Road,

Bunder, Mangalore  575001.

                                                ….........OPPOSITE PARTIES

(Advocate for the Opposite Party No.1: Sri. PAA)

(Advocate for the Opposite Party No.2: Ex parte)

ORDER DELIVERED BY HONBLE PRESIDENT

SRI. VISHWESHWARA BHAT D:

I.       1. The above complaint filed under Section 12 of the Consumer Protection Act alleging deficiency in service against claiming certain reliefs. 

The brief facts of the case are as under:

The complainant contends that she purchased an Electronic Weighing Machine manufactured by opposite party No.1 booked through opposite party No.2 for Rs.12,750/ under delivery challan No.366 dated 31.10.2012.   The weighing scale had a warranty period of one year. But within one month of purchase the Weighing scale purchased by complainant stated giving problems and practically stopped. On telephonic complaint with opposite party No.2 about the problem it was attended to.  But inspite of repeated repairs by the staff of opposite party No.2 the weighing scale did not function properly. On 1.6.2013 men of opposite party NO.2 on the pretext of replacing took away mother board of the weighing scale but did not replace it.  Inspite of repeated request and legal notice dated 26.9.2013 was not replaced or repaired.  Hence seeks the reliefs claimed including compensation and cost.

II.    Opposite party No. 1 despite appearing through counsel did not file any written version as recorded on 2.1.2014.Opposite party No.2 notice served through RPAD not appeared before Forum hence placed Ex parte.

          In support of the above complainant Mrs.Mamatha filed affidavit evidence as CW1 and answered the interrogatories served on her and produced documents got marked Ex C1 to C7 detailed in the annexure here below.  On behalf of the opposite parties not filed version.

III.     In view of the above said facts, the points for consideration in the case are:

1. Whether the Complainant is a consumer and the dispute between the parties?
2. If so, whether the Complainant is entitled for any of the other reliefs claimed?
3. What order?

       We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:  

                        Point No. (i): Affirmative 

                       Point No. (ii): Partly Affirmative

                       Point No. (iii): As per the final order.                 

                                                                                                 REASONS

IV.      POINTS No. (i): As complainant purchased the weighing scale manufactured by opposite party No.1 through opposite party No.2 and it was not functioning properly and was not replaced inspite of demand by opponent there is relationship of consumer and service provider and a consumer dispute as defined under the Act.  Hence we answer point No.1 in the affirmative.

POINTS No.(ii): Ex.C1 is a document titled as Purchase Cum Receipt Quotation/Proforma Invoice it is dated 22.10.2012  mentions the value at Rs.12,750 with Rs.6,000 received as advance.  And Ex.C2 is Delivery Challan recording receipt of the balance amount.  It is dated 31.10.2012.  Ex.C3 is the warranty certificate of in respect of the weighing machine HIWA DIGI Weighing System it mentions the warranty period as one year.  Ex.C4 is the service slip issued to complainant mentioning taking of service mother board for replacement.  Thus the weighing scaled purchased by complainant is a defective and the mother board was taken away by opposite party No.2 as per Ex.C4 and inspite of legal notice at as per Ex.C5 duly served by RPAD was not complied. AsEx.C6 and 7 it was not replaced by opponents is established by complainant.  Hence complainant is deficiency in service on the party of opponent as claimed.

          In the circumstance Opposite parties shall directed to pay the value of the weighing machine of Rs.12,750/ to complainant with interest at 9% from the date of legal notice Ex.C5 26.9.2013 till the date of payment.Opposite parties shall also pay Rs.10,000 as compensation for mental agony of complainantand cost of the complaint and Advocate fee of Rs. 1,000/-.  Hence answer point No. 2 partly affirmative.

POINTS No. (iii): As per final Order:

ORDER

The complaint is partly allowed withcost. Opposite parties No. 1 and 2 jointly and severally should pay Rs.12,750 to complainantwith interest of 9%p.afrom the date of legal notice Ex.C5 26.9.2013.Opposite parties shall also pay Rs.10,000 as compensation and Advocate fee Rs.1,000/ to complainant.Payment shall be made within 30 days from the date of receipt of copy of this order.

Copy of this order as per statutory requirements, be forward to the parties free of costs and file shall be consigned to record room.

    (Page No.1 to 5 Dictated to the Stenographer typed by her, revised and pronounced in the open court on this the 22^nd November 2016)

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1 Mrs. Mamatha

Documents marked on behalf of the Complainant:

Ex C1: Original purchase agreement cum receipt dated 22.10.2012 Issued by opposite party No(2) to the complainant in  Ref No.443

ExC2: Original Delivery challan No.366 dated 31.10.2012

 Ex C3: Original warranty card issued by the opposite parties

Ex C4: Service Slip dated 01.06.2013 issued by the opposite Party No(2) for having taken the mother board of the Complainant s                           Weighing machine

Ex.C5: Office copy of the notice dated 26.09.2013 issued by the Advocated for the complainant to the opposite parties

Ex.C6: Acknowledgment of the Opposite party No.1 for having Received the notice at Doct No.5 issued by the complainant

Ex.C7: Acknowledgement of the opposite party No.2 for  Having received the notice at Doct No.5 issuedby the  complainant.

Witnesses examined on behalf of the Opposite Parties:

Nil

Documents produced on behalf of the Opposite Party:

Nil

   Dated: 22.11.2016                           PRESIDENT