By: Sri. K.Mohammed Ali, President
The case of the complainant is that, on 2-10-2012, she had purchased on Insta- Grint Flour Mill from the opposite party for a considertion of Rs. 4995/-. On the very first day of instalation of the instrument, its blade was broken . The complainant informed the matter to the opposite party who replaced with new blade. Again, when the machine was grinding some rice the newly fitted blade also was broken. The complainant contacted the opposite party for rectifying the defect, for which there was no response. So she filed this complaint.
The complainant produced two documents which are marked as Ext. A1 and A2 . A1 is the order form and A2 is the warranty issued by the opposite party. Complainant filed an affidavit also. When the case was called, the opposite party was absent, even though he has received notice from the Forum. There was no representation on his behalf, his name was called and so the case was set exparte. A primafacy case is proved against the opposite party. He has supplied a defective goods to the complainant. No contra evidence was adduced by the opposite party.
In the result, we order that the opposite party shall refund the cost of the Insta-grind Flour Mill, Rs. 4995/- to the complainant with 10% interest perannum from the date of this order upto the date of payment. The said amount shall be paid with in one month of the receipt of the copy of the order
Dated this 28th day of May , 2013
Sd/-
K.MOHAMMED ALI , PRESIDENT
Sd/-
MOHAMMED MUSTHAFA KOOTHRADAN,
MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A2
Ext.A1 : Order form issued by the opposite party, dated, 23/09/2012
Ext.A2 :Warrantee card issued by the complainant
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party :
K.MOHAMMED ALI , PRESIDENT
Sd/-
MOHAMMED MUSTHAFA KOOTHRADAN,
MEMBER