IN THE CONSUMER DISPUTES REDRESSAL FORUM, PAPTHANAMTHHITTA Dated this the 23rd day of February, 2010. Present : Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No.175/09 Between: S. Purushothaman Potty, Vadukathil Madom, Cheriyanadu, Naduvaramkodu P.O., Chengannur Taluk. .... Complainant. And: Abhilash, Service Provider (Franchisee), Videocon Home Appliances, Cool Trend Refrigeration, Central Tower, Thiruvalla. .... Opposite party ORDER Sri. Jacob Stephen (President): The complainant has filed this complaint against the opposite party for getting a relief from the Forum. 2. The complainant’s case is that the opposite party is the Franchisee of Videocon Home Appliances. For repairing the complaints of the complainant’s Videocon Washing Machine, the complainant contacted the opposite party who took the machine from the house of the complainant for repairs and returned the same on 23.02.2009, representing that it is fully re-conditioned and that he is giving one-year warranty for his work. The opposite party charged Rs.1,950/- for the repairs which was given by the complainant. During the first week of June 2009, the washing machine struck work. The matter was reported to the opposite party, but he kept silent on the issue for a long time. The complainant again contacted him during the first week of November 2009. The opposite party again took the machine promising to get repaired free of cost since the complaint is within the warranty period and returned the machine on 17.11.2009 and collected an amount of Rs.2,100/- from the wife of the complainant in the absence of the complainant. Altogether, the opposite party has collected an amount of Rs.4,050/- from the complainant for his services. When the complainant came home from his office in the evening, he found that the machine is not working and even the control panel was fixed improperly. Immediately, the complainant contacted the opposite party, but there was no response. So he sent a registered notice to the opposite party on 23.11.2009 claiming a compensation of Rs.5,050/-. On getting the notice, the opposite party phoned the complainant and promised that he will settle the claim immediately. But the opposite party has not complied the promise so far. The above said acts of the opposite party is a deficiency of service. Hence this complaint for realising a total damage of Rs.5,050/- from the opposite party. 3. In this case, the opposite party has not turned up after receiving the notice of this Forum. Hence the opposite party was declared exparte. 4. The only question to be considered is whether this complaint can be allowed? 5. In order to prove the complainant’s case, the complainant had filed a proof affidavit narrating his grievances along with certain documents. On the basis of the proof affidavit, the documents produced were marked as Exts.A1 to A4 series. Ext.A1 is the copy of cash bill No.6092 dated 23.02.2009 for Rs.1,700/- issued by the opposite party in the name of the complainant. Ext.A2 is the copy of the job sheet dated 10.11.2009 issued by the opposite party in the name of the complainant showing the collection of Rs.250/- as advance in connection with the repairs of the complainant’s washing machine. Ext.A3 is the copy of the cash bill No.305 dated 17.11.2009 for Rs.1,850/- issued by the opposite party in the name of the complainant. Ext.A4 is the copy of registered letter dated 23.11.2009 sent by the complainant in the name of the opposite party. Ext.A4(a) is the postal receipt of Ext.A4 and Ext.A4(b) is the acknowledgment card of Ext.A4 signed by the opposite party. After closure of evidence, the complainant was heard. 6. The complainant’s case is that the opposite party had collected Rs.4,050/- from the complainant for repairing the complainant’s washing machine on 2 occasions promising one year warranty for the repair works done by the opposite party. But the complainant’s washing machine was not properly repaired and it is not returned in working condition and the opposite party is not prepared to repair the washing machine irrespective of complainant’s request. The above said act of the opposite party is a deficiency in service, which caused financial loss and mental agony to the complainant and according to the complainant; the opposite party is liable for his deficiency in service. 7. Since the opposite party is exparte and on a perusal of materials on record, the complainant’s case stands proved unchallenged and hence we find that this complaint can be allowed partly. Though the complainant claimed that he had paid Rs.4,050/- to the opposite party, but as per Exts.A1, A2 and A3 it is seen that the complainant had paid only Rs.3,800/- to the opposite party. 8. In the result, this complaint is allowed partly, thereby the complainant is allowed to realise an amount of Rs.3,800/- (Rupees Three thousand eight hundred only) from the opposite party along with Rs.1,000/- (Rupees One thousand only) as compensation. The opposite party is directed to pay the said amount to the complainant within 15 days from the date of receipt of this order, failing which the interest @ 10% per annum will follow from today till the whole realisation. Declared in the Open Forum on this the 23rd day of February, 2010. (Sd/-) Jacob Stephen (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant : Nil. Exhibits marked on the side of the complainant: A1 : Copy of cash bill No.6092 dated 23.02.2009 for Rs.1,700/- issued by the opposite party to the complainant. A2 : Copy of the job sheet dated 10.11.2009 issued by the opposite party to the complainant. A3 : Copy of the cash bill No.305 dated 17.11.2009 for Rs.1,850/- issued by the opposite party in the name of the complainant. A4 : Copy of registered letter dated 23.11.2009 sent by the complainant in the name of the opposite party. A4(a) : Postal receipt of Ext.A4. A4(b) : Acknowledgment card of Ext.A4 signed by the opposite party. Witness examined on the side of the opposite party : Nil. Exhibits marked on the side of the opposite party : Nil. (By Order) Senior Superintendent Copy to: (1) S. Purushothaman Potty, Vadukathil Madom, Cheriyanadu, Naduvaramkodu P.O., Chengannur Taluk. (2) Abhilash, Service Provider (Franchisee), Videocon Home Appliances, Cool Trend Refrigeration, Central Tower, Thiruvalla. (3) The stock file.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
