Date of filing : 17-10-2014
Date of order : 27-02-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.225/2014
Dated this, the 27th day of February 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
H.N.Vishwanathan, : Complainant
S/o.Late narasimha,
Thoyammal, Hosdurg Village,
Kanhangad.Po. Kasaragod.Dt
(In Person)
1 Ashraf Salesman, : Opposite parties
Sree Lakshmi Electricals,
Kannur Branch, Chovva, Po. Kannur.1.
2 The Manager, Sree Lakshmi Electricals,
Head office Shornoor road, Trissur.
(Ops 1 & 2 Exparte)
O R D E R
SMT.SHIBA.M.SAMUEL, MEMBER
The gist of the case of the complainant is that the opposite party No.1 herein being the salesman of opposite party No.2 supplied a mixi to him 20-08-2014. The above mixi was purchased by the complainant by exchanging his old mixi. The price for the new mixi was fixed as Rs.2400/- and price for the old mixi was also fixed that Rs.2400/-. Moreover, the opposite party herein assured that the new mixi is having guarantee for 5 years and further assured the mixi is of best quality. But surprisingly on the very same day of purchasing the mixi its safety switch was not working and it was stopped functioning completely. Immediately the complainant contacted opposite party through phone and atlast realized that the complainant was cheated by the opposite party by selling substandard product. Due to the act of the opposite parties the complainant herein sustained huge loss and mental agony. Hence the complaint.
2. Notice to both opposite parties were sent. But same was returned with endorsement “Not known” hence substituted service was ordered. Name of the parties were called absent set exparte.
3. Complainant was examined as PW1 and Exts . A1 to A3 were marked. Heard the complainant and perused the documents.
4. The sole question to be answered by the Forum is whether there is any deficiency in service or unfair trade practice from the side of the opposite parties?
Ext. A1 is the bill issued by the 2nd opposite party for the purchase of the subject matter in this case for Rs.4800/-. Out of which Rs.2400/- was paid by the complainant and he had exchanged one old mixi for the balance amount of Rs.2400/-. As per Ext.A1 issued by the sales manager of opposite party No.2 clearly mentioned that the subject matter in this case is offered 5 years replacement guarantee. Ext.A2 is the instruction manual cum warranty card of the mixi and A3 is the copy of the letter sent by the complainant to opposite party No.2 herein. While going through the content of Ext.A3 he has contacted the opposite party No.1 herein on many occasions about the defects of mixi but he evaded from repairing the same on one pretext or other. The opposite party No.1 failed even to attend the phone calls of the complainant on many occasion. And moreover, the complainant is an aged person approached the Forum for redressing his grievance due to the unfair trade practice of the opposite parties. Production of substandard products must be stopped and then only the assurance of best quality can be given to the customers. Here the complainant being a senior citizen sustained damages due to the substandard products. Therefore the opposite parties are liable to compensate for the loss sustained by him.
In the result, the opposite parties jointly and severally directed to refund an amount of Rs.4800/- being the price for the mixi along with Rs.5000/- as compensation and Rs.3000/- as cost. The complainant is further directed to return the defective mixi to the opposite parties. Time for compliance is 1 month from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Ext.
A1. 20-08-2014 Cash bill issued by Sreelakshmi Electricals for an amount of Rs.4800/-
A2. Instruction Manual Cum Warranty Card.
A3. Copy of letter
Sd/- Sd/- Sd/-
MEMBER MEMBER MEMBER
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
