Andhra Pradesh

Nellore

CC/33/2016

Mallela Singaiah, S/o Naraiah - Complainant(s)

Versus

1. The Manager, Cycle N Bike Agencies - Opp.Party(s)

G.Srinivasulu,Md.Rahim Khan

27 Jun 2016

ORDER

Date of Filing     :29-03-2016

                                                                                                Date of Disposal:27-06-2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Monday, this the 27^th day of   June, 2016

 

           Present:  Sri P.V. Krishna Murthy, B.A., B.L., President

 

C.C.No.33/2016

Mallela Singaiah, S/o.Naraiah,

Hindu, Aged about 44 years,

3-B, Meghana Apartments,

Janathapet North,

Kavali Town,

S.P.S.R.Nellore District.                                                                    ..… Complainant

                                                                           Vs.

 

1.	The Manager, Cycle N Bike Agencies, BSA Hercules, Near Madras Bus stand, Nellore.
2.	T.I.Cycles of India (BSA Hercules), Represented by it’s Manager, No.5, M th Road, Opposite to Post Office, Ambatoor, Chennai-600053, State of Tamilnadu.                                    ..…Opposite parties

                                                              .  

            This complaint coming on 06-06-2016  before us for hearing in the presence of                Sri G. Srinivasulu,  advocate for the complainant and                                                        opposite parties 1 and 2 are called absent and having stood over for consideration till this day and this Forum made the following:

 

ORDER

(ORDER BY  Sri P.V. KRISHNA MURTHY, PRESIDENT)

 

            The complainant purchased a BSA bicycle  from the first opposite party on               07-08-2013 for Rs.23,000/-. It carried a warranty  for a period of one year.  The second opposite party is the manufacturer.  However, the article was not functioning properly six months after the purchase.  The complainant informed the first opposite party about the same.  Eversince, the tread mill is kept idle.  The complainant handedover the same to the first opposite party for rectification on 12-09-2014.  The complainant was requested to wait for a month.  The article was neither replaced nor repaired.  The complainant got issued a legal notice.  The article was  returned with a false statement   that the defects were rectified.  However, the complainant found that the defects continued.  Hence, the complaint for replacement or for refund of the amount with costs and interest.

 

            2.         The opposite parties did not contest after receiving notice.

 

            3.         Now the point for consideration is “whether  the opposite parties committed a deficiency of service?”

 

             4.        The complainant  filed  his affidavit  and marked Exs.A1 to A4.  Ex.A1 is the  purchase bill.  Ex.A2 is another bill.  Ex.A3 is the copy of the legal notice.  Ex.A4 is the postal acknowledgement.

 

            5.         POINT:   The complainant purchased a tread mill from the first opposite party under Exs.A1 and A2.  The second opposite party is the  manufacturer.  The article was found defective six months after usage.  The first opposite party having received the article for repairs failed to repair.  The article was not replaced also.  The purchase of the article is evident from Exs.A1 and A2.  The version of the complainant as regards its defective usage was not denied by the opposite party.  It is clear that a defective article was sold  to the complainant by the opposite parties.  The first opposite party as seller  and the second opposite party as manufacturer are both liable  to make good the loss of the complainant.  The complainant established deficiency of service.  Hence, the complainant is entitled to refund of the amount of Rs.23,000/-  being the purchase money with interest  at 9% from the date of the complaint till realization.  The defective article might have caused mental agony to the complainant, who invested a lot of  amount for its purchase.  As  such the complainant needs to be compensated also.  A compensation of Rs.7,000/-  alongwith costs of Rs.1,500/- are also awarded to the complainant.   The point is held  accordingly.

6.         In the result, the complaint is partly allowed directing the opposite parties to refund the amount of Rs.23,000/- (Rupees twenty three thousand only) being the purchase money with interest at 9% from the date of the complaint till realization and  a  compensation of Rs.7,000/- (Rupees seven thousand only) alongwith costs of Rs.1,500/- (Rupees fifteen hundred only) to the complainant,  jointly and severally.

            Dictated to Stenographer, transcribed by her corrected  and pronounced by us in the open  Forum, this the 27^th  day of  June, 2016.

 

                                                                                                                                    Sd/-

                                                PRESIDENT

                                                APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

06-06-2016

Mallela Singaiah, S/o.Naraiah, S.P.S.R.Nellore District.

 

Witnesses Examined for the opposite parties

-Nil-

 

                             EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -	07-08-2013	Photostat copy of  Retail Cash Invoice / Credit Invoice  in favour of complainant in Bill No.RTCS001011410653 issued by opposite party No.1.
Ex.A2  -	07-08-2013	Photostat copy of  Retail Cash Invoice / Credit Invoice  in favour of complainant in Bill No.RTCS001011410653, with additional endorsement issued by opposite party No.1
Ex.A3  -	04-12-2015	Photostat copy of legal notice from  complainant’s advocate D. Venugopal Reddy to the opposite party No.1.
Ex.A4  -	-	One postal acknowledgement received from the opposite party No.1 sent by  D. Venugopal Reddy, Advocate, Kavali, S.P.S.R.Nellore District.

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

                                                               -Nil-                                                                                                                                                                                   Sd/-

                                                                                                                     PRESIDENT

 

 

Copies to:

 

1.	Sri G. Srinivasulu, Advocate, Nellore.
2.	The Manager, Cycle N Bike Agencies, BSA Hercules, Near Madras Bus stand, Nellore.
3.	M/s.T.I.Cycles of India (BSA Hercules), Represented by it’s Manager, No.5, M th Road, Opposite to Post Office, Ambatoor, Chennai-600053, State of Tamilnadu.

Date when free copy was issued: