D.o.F:23/12/05<br /> D.o.O:19/9/08.<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.No.192/05<br /> Dated this, the 19th day of September 2008<br /> <br /> PRESENT:<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SYAMALADEVI : MEMBER<br /> <br /> Abdul Rahiman,<br /> Ideal Sweets, ; Complainant<br /> Cherkala, Po.Chengala.<br /> Kasaragod.<br /> <br /> 1. Avery India Ltd,<br /> 8/262,Silk Street,calicut.<br /> 2. Avery India Ltd,Area Office,<br /> 27/401 A,M.G.Road, P.B.No.1684,<br /> Perumanur,Ernakulam. : Opposite Parties <br /> 3. Avery India Ltd,<br /> C.Regd.office 28/2,Water Loo Street,<br /> Kolkatta.700069 <br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ: PRESIDENT <br /> <br /> The case of complainant, Abdulrahiman is that he purchased 4 weighing scales on different dates in the year 2001 to his bakery and his brothers bakeries. But the opposite parties failed to render after sales service to the complainant and also to give necessary aid for stamping the weighing scales from the legal Metrology Department. On enquiry made with opposite parties they demanded Rs.2755/- for services but the other agencies of weighing scales only charging Rs.150/- to 200/-. Now some of the weighing scales are out of order. Hence the complainant praying for an order either to replace the defective weighing scales or to give proper service to the weighing scales once in a year as other manufacturers of weighing scales are providing by collecting justifiable fee or alternatively to refund the purchase price of the weighing scales after taking back all the four weighing scales.<br /> <br /> 2. The opposite parties entered appearance and they defend the complaint on many grounds. According to opposite parties, the complainant is not a consumer since the weighing scales are intended for commercial purposes and the Forum lacks territorial jurisdiction to try the complaint since none of the opposite parties are residing or carrying on business within the jurisdiction of the Forum. The opposite parties are also have the plea that the complaint is barred by limitation<br /> 3. The above technical issues are already considered by the Forum and a detailed preliminary order was passed on 11/9/06 holding that the complaint is maintainable. Hence a further discussion about the very same issues are not necessary and we hold it is in favour of the complainant.<br /> 4. On merits, the opposite parties contents that the weighing scales they sold to the complainant were having only one year warranty from the date of purchase and the complainant did not enter in any annual maintenance contract with the opposite parties. According to opposite parties, in the absence of such a contract the opposite parties are not under any legal obligation to carry out periodic service of the equipment as demanded by the complainant. There are several agencies licensed to carry out repairs on the weighing scale and the complainant could have utilized the services of such agencies after paying the applicable service charges. Since the complainant did not opt the annual maintenance contract that he has no right to insist for periodic visits for service. They are ready to provide service to the complainant’s equipment, if the complainant accept the terms and conditions of service and effects payment for the same at the time of making the request for service. There is no deficiency in service on their part. Hence the complaint deserves a dismissal.<br /> 5. The complainant filed affidavit in support of his complaint and Exts.A1 to A7 marked. On the side of opposite parties, Abdul Basith, Area manager of first opposite party filed affidavit and he faced cross examination as DW1. He stated that the model of scale sold to the complainant has withdrawn since a higher version of the same model is introduced. The life span of the disputed scales varies around 9 years. He further deposed that he did not know whether the scales are functioning after service. He also denied the suggestion that the scales are having manufacturing defects and that was brought to their notice. DW1 also denied the suggestion that the complainant has suffered.<br /> 6. The complainant has not taken any steps to prove that the weighing scales have got any defects. It is also brought in evidence that the complainant has not entered any annual maintenance contract with opposite parties, which makes opposite parties liable to do service periodically. Further, the rate of after sales service charges is not fixed by any law. It is well settled that ‘Pricing’( here the rate of service charges) is outside the purview of the C.P.Act unless governed by law. Hence, we cannot hold that the charges claimed by the opposite parties are exorbitant. The counsel for the opposite parties placed reliance in the decisions reported in II (1995) CPJ 119(NC), III(2006) CPJ 417(NC) and I (1995)CPJ 1(SC) to substantiate his contentions regarding maintainability. Since the Forum already taken a view in its order dtd.18/9/2006 that the complaint is maintainable,we are not entering in to the virtues of the said decisions and the applicability of the same to the instant case.<br /> <br /> 7. But in the absence of evidence regarding the defects of the weighing scales, and the lack of annual maintenance contract with respect to after sales service by the complainant with opposite parties, we could not attribute any deficiency in service on the part of opposite parties. Further in the absence of law governing the rate of service charges like the Pricing it is not a matter come within the purview of Consumer Protection Act. Hence we cannot hold that the opposite parties are charged or claimed exorbitant charges for after sales service.<br /> <br /> In the result, complaint fails and hence we dismiss the complaint with no order as to cost.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> Exts.<br /> A1-to A4-& A4(a&b)- bills issued by Op.no.2<br /> A5-dt.27/11/04- letter issued by OP.2 to complainant<br /> A6&A7-dtd.14/5/03,20/9/04-Cheques issued by OP.2<br /> DW1-Abdul Basith –Area Manager of Ist OP.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> eva/ <br /> <br />