BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Wednesday the 6th day of May, 2009
C.C.No.59/09
Between:
M.Neela Kantappa, S/o Nagappa, Professor in Brindavan Institute of Technology and Science, Kurnool,
R/o H.No. 17/19, Krishna Nagar, Kurnool-518002. … Complainant
Versus
- I.F.B. Industries Limited, Represented by its Director,
Plot No.IND-5, Sector, East Calcutta Township, Kolkatta-700078.
2. Bajaj Electronics, Represented by its Manager,
Shop No.6-3-669, Ground floor, Ozone Complex, Panjagutta, Hyderabad-500082. … Opposite parties
This complaint is coming on this day for orders in the presence of Sri B.Rama Subba Reddy , Advocate, for the complainant, and party No. 1&2 set exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
( As per Sri. K.V.H.Prasad, President)
C.C.No.59/09
1. This case of the complainant is filed U/S 12 of C.P.Act seeking direction on the opposite parties to replace the defective washing machine with a new and defect free one of the same brand or to pay its purchase money of Rs.17,300/- with 18 Percent interest p.a from the date of purchase , Rs.5,000/- as compensation for mental agony and cost of the case alleging the deficiency of service on the part of the opposite parties in selling him at defective washing machine and thereafter neither rectifying the said defect nor replacing it with new one in spite of several approaches and a written notice dated 15-12-2008 .
2. In pursuance to the notice of this forum as to this case of the complainant the opposite parties remained absent and hence were set exparte and the case is proceeded on merits.
3. In substantiation of the contentions the complainant side has taken reliance on documentary record in Ex.A1 to A3 besides to its sworn affidavit in reiteration of its grievances set out in complaint.
4. Hence the point for consideration is whether the alleged deficiency of service of the opposite parties in selling a defective washing machine to the complainant and there after either rectifying its defect nor replacing with new one was made out by the complainant to hold their liability to the complainants claim.
5. The Ex.A1 is a tax invoice dated 01-05-2007 issued by the opposite party No. 2 in favour of the complainant . It envisages sale of one piece of IFB washing machine Senorita Plus Model for a sum of Rs. 17,300/- to the complainant and its delivery to the complainant through Navata Transport vide Ex.A2 receiving there under Rs.189/- as fright charges . The Ex.A3 is the warranty pertaining to said washing machine providing the period of warranty for 24 months from the date of its purchase.
6. The sworn affidavit of the complainant reiterates the compliant averments as to purchase of said washing machine which on account of its defect did not function properly since its inspection by giving sounds and delivering out total water in its function and the complainant taking the said defect and not functioning of the machinery on account of said defect to the notice of the opposite party for its rectification or for replacing the same if rectification is not possible and the opposite parties mechanic visiting complainant’s house and after inspecting the said washing machine promising to replace with another washing machine and non compliance of the same , thereafter by the opposite parties .
7. The opposite parties in spite of the service of the notice of this forum as to this case of the complainant neither turned up to the case proceedings nor contested the case with any defence to find any excuse in its conduct towards the complainant’s defective washing machine . Hence there being any denial to the complainants contentions and grievances they appears to have admitted and so there remains every bonafides in the grievances of the complainant as to the alleged deficiencies of the opposite parties towards the washing machine purchased by the complainant from the opposite parties about one year eight months ago and being under coverage of the period of warranty of two years within which the opposite parties are obligated either to rectify the defects or to replace with new one in case of non rectification.
8. As the opposite parties by their deficient conduct at the purchase defective washing machine of the complainant not only ensued considerable mental agony but also driven the complainant to the forum for redressal of his just grievances the opposite parties 1 and 2 as manufacturer and dealer for said product are remaining liable jointly and severally for compensating the suffered mental agony of the complainant and cost of this case besides to have a defect free washing machine .
9. Therefore , the case of the complainant is allowed directing the opposite parties 1 and 2 in their joint and several liability to pay to the complainant Rs.5,000/- as compensation for mental agony and Rs.2,000/- as cost of the case besides to replacing the purchased defective washing machine of the complainant with a new defect free washing machine of the same model or in case of any inability to do so to pay Rs.17,300/- as purchase money of said washing machine to the complainant along with ordered compensation and costs with in a month of receipt this order. In default the opposite parties 1 and 2 shall pay the supra stated award in their joint and several liability with 12% interest p.a from the date of default till realization.
Dictated to the Typist , transcribed by him, corrected and pronounced by us in the open bench on this the 06th day of May, 2009.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Tax invoice dt.12-05-2007
Ex.A2. Xerox copy of cash receipt dt.15-05-2007 issued by Navata Road Trans port to complainant.
Ex.A3 Xerox copy of warranty.
List of exhibits marked for the opposite parties: Nil:
Sd/- Sd/-
MEMBER PRESIDENT
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