ORDER.
By. Sri. Jose. V. Thannikode, President:-
Brief of the complaint:- The complainant booked a chappathi maker for an amount of Rs.1,950/- on 19.12.2012 from the stall of opposite party No.2 in the Flower Show conducted during February 2012 at Kalpetta. For which the complainant paid Rs.200/- as advance. On 22.03.2012 the opposite party No.1 has supplied the chappathi maker at the residence of the complainant and obtained balance amount of Rs.1,750/-. On 25.03.2012 the complainant tried to use the chappathi maker and found that there is shock on the chappathi maker. Immediately the complainant contacted the opposite party No.1 over phone and informed about the shock. At that time the opposite party informed that he will come and inspect the chappathi maker. But opposite party No.1 has not approached the complainant. On 26.03.2012 she contacted opposite party No.1 over phone. At that time the opposite party No.2 has not give any clear reply for her grievances. Till date the opposite parties have not visited
the house of the complainant and not cured the defects of the chappathi maker. This is deficiency in service on the part of the opposite parties. Hence it is prayed to give the cost of the chappathi maker that is Rs.1,950/- with 12% interest and also to pay Rs.2,000/- as compensation.
2. Notices were served to opposite parties No.1 & 2. But opposite parties were not appeared before this Forum. Time is granted till 20.10.2012 for filing their version but they have not appeared and filed their version. Hence the opposite parties were set exparte and proceeded with the case.
3. On considering the complaint and the documents produced by the complainant the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
4. Point No.1 :- To prove complainant's case she has filed her chief affidavit, Ext.A1 and A2 documents were marked. In the chief affidavit she stated as stated in the complaint. Ext.A1 is the copy of Order Form issued by the opposite party No.2 to the complainant. On perusing the same it is found that the complainant has paid Rs.200/- as advance for chappathi maker with opposite party No.2. Ext.A2 is the copy of the Warranty terms issued by the opposite parties to the complainant. On perusing Ext.A2, it is found that the chappathi maker is having one year replacement and two year free service warranty. Even though one year replacement warranty is there the opposite parties have not looked into grievances put forward by the complainant that is deficiency in service on the part of the opposite parties. Point No.1 is found accordingly.
5. Point No.2:- The complainant has entitled to get back the cost of the chappathi maker that is Rs.1,950/- with 10% interest from the date of filing this complaint that is on 19.06.2012 till the payment is made. She is also entitled to get Rs.500/- as cost and compensation. At the time of payment the opposite parties are entitled to get back the said chappathi maker from the complainant.
In the result the complaint is partly allowed. The opposite parties are directed to pay Rs,1,950/- (Rupees One Thousand Nine Hundred and Fifty Only) to the complainant that is the cost of the chappathi maker with 10% interest from the date of filing of this complaint ie 19.06.2012 till the payment is made. The complainant is also entitled to get Rs.500/- (Rupees Five Hundred Only) as cost and compensation. At the time of payment the opposite parties are entitled to get back the chappathi maker from the complainant. This is to be complied by the opposite parties within 30days from the date of receipt of this Order.
Pronounced in Open Forum on this the 16th day of April 2013.
Date of Filing:19.06.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Order Form. dt:19.02.2012.
A2. Copy of Warranty Card. dt:22.03.2012.
Exhibits for the Opposite Party:
Nil.
