BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENA KUMARI. A : MEMBER<br /> SMT. S.K. SREELA : MEMBER<br /> <br /> O.P.No. 47/2006 Filed on 15.02.2006<br /> <br /> Dated: 15..09..2008<br /> Complainant:<br /> <br /> A. James Fernandez, Jasmy Nivas, Near G.V.Raja Sports School, Sanghumughom, Beach P.O., Thiruvananthapuram.<br /> <br /> (By adv. Sri. M.T. Prasanth)<br /> <br /> Opposite party:<br /> <br /> Alexander, Proprietor, Essel Metals, Opp. Subramania Pillai & Brothers, Chalai - P.O., Thiruvananthapuram.<br /> <br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 29..09..2006 the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 28..08..2008, the Forum on 15..09..2008 delivered the following:<br /> <br /> ORDER<br /> <br /> SMT. S.K.SREELA, MEMBER:<br /> The grievance of the complainant is as follows: On 05..01..2004 the complainant had entrusted his gas stove for repairing with the opposite party and the opposite party promised to return the stove after servicing within 2 days and as demanded by the opposite party, the complainant had paid an advance amount of Rs.100/- out of the service charge of Rs.200/- claimed by the opposite party. The opposite party's shop was earlier named as 'Loha Nathan'. But after one week when the complainant approached the opposite party's shop it was seen closed. On repeated enquiries complainant came to know that the opposite party has opened a new shop under the name and style “ESSEL (SL) Metals”. On 25..11..2004, the complainant along with 2 others went to the shop and requested for the stove, but the opposite party's Salesman insulted the complainant and demanded Rs.450/- for the service without showing the present working condition of the stove. Since they did not turn up the complainant was forced to return without the stove. Though the complainant issued a notice to opposite party requesting to return the stove, no reply was sent to that effect. Hence this complaint for getting back the stove in good condition along with compensation and costs.<br /> 2. The notice issued to the opposite party from this Forum returned 'Unclaimed' and hence the opposite party was set exparte.<br /> 3. Complainant has filed affidavit in lieu of chief examination and marked Exts.P1 to P4 on his part. The complainant has not been cross examined and hence his affidavit stands unchallenged.<br /> <br /> 4. The only issue to be considered is whether the opposite party has committed any unfair trade practice leading to deficiency in service and whether the complainant is entitled for any reliefs claimed?<br /> <br /> 5. The complainant alleges that he had entrusted his gas stove for repair to the opposite party for which Rs.100/- was paid as advance also. Though there is no receipt for the same, the advocate notice seen issued to the party on 26..11..2004 which narrates all the incident has not been controverted by the opposite party. Ext. P2 advocate notice is seen accepted by opposite party as per Ext.P4 A/D card. There is no reply either denying or contesting the same sent on behalf of the opposite party which leads this Forum to conclude that what all pleaded in the complaint as true and genuine. As the opposite party never cared to contest the case we are left with no other option than to conclude that there is unfair trade practice and deficiency in service on the part of the opposite party in not returning the alleged gas stove in good condition.<br /> <br /> 6. Taking the facts and circumstances into consideration we find that the complainant is entitled to get back the gas stove in good condition. The complainant obviously had to undergo difficulties and inconvenience due to the deficient act of the opposite party for which he has to be compensated and we find Rs.1,000/- as reasonable compensation and Rs.500/- towards costs of the proceedings.<br /> <br /> In the result, the opposite party is directed to return the gas stove in good condition along with a compensation of Rs.1,000/- (Rupees One thousand only) and a cost of Rs.500/- (Rupees Five hundred only) to the complainant within a period of one month, failing which the above amounts shall carry interest @ 12% per annum.<br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, on this the 15th day of September, 2008.<br /> <br /> S.K. SREELA, MEMBER. <br /> <br /> <br /> G.SIVAPRASAD, PRESIDENT.<br /> <br /> <br /> <br /> <br /> BEENA KUMARI. A MEMBER.<br /> <br /> <br /> <br /> <br /> <br /> <br /> ad.<br /> <br /> <br /> <br /> <br /> <br /> O.P.No.47/2006<br /> APPENDIX<br /> <br /> I. Complainant's witness: NIL<br /> II. Complainant's documents:<br /> <br /> P1 : Original guarantee card and receipt issued to the complainant by the opposite party with date of purchase 23..12..98. <br /> <br /> P2 : Copy of advocate notice dated 26.11.04<br /> <br /> P3 : Original postal receipt dated 27.11.04<br /> <br /> P4 : Original acknowledgment card.<br /> <br /> III. Opposite party's witness: NIL<br /> <br /> IV. Opposite party's documents: NIL<br /> <br /> <br /> <br /> PRESIDENT<br /> <br /> <br />