SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OP to pay the value of High Pressure washer Rs.16500/- and also pay Rs.3,000/- as compensation.
Complaint in brief :-
According to the complaint, on 4//3/2023 , complainant purchased High pressure washer from the OP through courier on 7/3/2023, the pressure washer worked for some time and stopped its working automatically and this was intimated to OP at once. But OP replied that they will not refund the purchase price but will provide service and to avail the service the tool should be returned by complainant. The OP’s shop situates at Palakkad and the complainant found difficulty to take the tool to Palakkad. The most unfortunate thing is that the tool, he purchased not worked for a day and the complainant suffered hardships in his job as he is a painters as profession. Hence this complaint.
After filing the complaint, notice issued to OP . The OP received the notice and not appeared before the commission and not filed any version. Ultimately the commission had to hold that the OP has no version as such in this case came to be proceed against the OP as set exparte.
Even though, the opposite party has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with three documents ,marked as Exts.A1 to A3. Ext.A1 is the purchase bill issued by OP , Ext.A2 is the warranty card and Ext.A3 is the courier receipt. The complainant was examined as PW1. So the OP remain absent in this case. At the end the commission heard the case on merit.
On the perusal of documents filed by the complainant as the OP get fair chance to conduct their case, choose to remain exparte. Ext.A1 indicates the purchase date and price money ie, complainant purchased the total pressure washer on 4/3/2023 and the price shown as Rs.16,500/-. So there is no doubt in the purchase of the product and its price. Ext.A2 is the warranty card provides one year warranty to the product even though there are limitation to the certain parts. On the perusal ,it is seen that that the complaint filed by the complainant before this commission is on 8/3/2023 and according to the complainant defect arise on 7/3/2023 and as per Ext.A1 purchase is on 4/3/2023 and as per Ext.A3 the product delivered through DTDC courier and complainant stated that he received the produce on 6/3/2023. From all those, the commission is in the view that to believe the complainant as true is defect and it arise within a day after the delivery date and the product is under warranty period. Hence the commission came into a conclusion that the complainant is entitled to get his purchase amount back since the defect arise within a day of purchase and OP refused to provide service and this results deficiency in service from the side of OP.
In the result complaint is allowed in part. The opposite party is directed to pay Rs.16500/- towards the purchase price of High pressure washer and also pay Rs.3000/- as compensation and cost to the complainant within 30 days of receipt of this order. At the time of payment of Rs.16500/-+ R.3000/- , the opposite party is at liberty to take back the High pressure washer it was purchased by complainant. Failing which complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Purchase Bill
A2-Warranty card
A3-Courier receipt
PW1-Manoharan.K- complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
