IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of November, 2017
Filed on 19.07.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.196/2017
Between
Complainant:- Opposite parties:-
Sri. P.R.Uthaman 1. Proprietor/ Owner
Puthaval Purayidam Vee Ess Hard wares
Komana, Ambalappuzha Valanjavazhy Alappuzha-5
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complaint in short are as follows:-
The complainant purchased a motor pump from the opposite party for an amount of Rs. 1500/- on 11/6/2016. The product has one year warranty during the warranty period the product became defective and the complainant could not use it. The complainant entrusted the defective pump set to the opposite party on 18/5/2017. For getting it repaired or replaced. But the opposite party failed either to rectify the defect or to replace the product. The complainant approached the opposite party several times but they returned the complainant saying lame excuses. The complainant sustained much mental agony and hence filed this complaint.
2. Notice was served to the opposite party but they did not appear before the Forum and hence opposite party was set ex-parte.
3. Complainant was chief examined as PW1 and document Ext.A1 was marked.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
5. Issues 1 and 2:-
The case of the complainant is that the complainant had purchased a motor pump from the opposite party. Opposite party assured one year warranty for the product, During the warranty period the product became defective and the product was entrusted to the opposite party for getting it repaired or replaced. But the opposite party has not made earnest effort to redress the grievance of the complainant hence filed this complaint.
The complainant produced the original bill and was marked as Ext.A1. From Ext.A1 it can be seen that the complainant had purchased a motor pump on 11/6/2016 from the opposite party for an amount of Rs. 1,500/-. According to the complainant the product became defective during the warranty period and the complainant entrusted the defective product to the opposite party for repairing the same on 18/5/2017 but till now they have not repaired and returned the product. According to the complainant time and again he approached the opposite party to get the defects rectified but opposite party failed to do so. In spite of service of notice from this Forum the opposite party did not respond the same. On going through the facts of the case we are convinced that the case of the complaint is genuine. The opposite party failed to rectify the defects even after repeated request so they have committed deficiency in service and the complainant is entitled to get the relief.
In the result the complaint is allowed. The Opposite party is directed to replace the disputed motor pump with the new one of the same model /price. The opposite party is further directed to pay an amount of Rs. 500/- towards cost. Order shall be complied with one month from the date of the receipt of this order, failing which the opposite party is directed to refund the price of motor Rs. 1500/- with 10% interest from the date of the order till realization.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 30th day of November, 2017.
Sd/- Smt. Jasmine.D. (Member) : .
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - P.R.Uthaman
Ext.A1 - Original Bill dtd.11/6/2016
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- br/-
Compared by:-
