DATE OF FILING : 24.7.2018

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the  3rd  day of   November,  2018

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.148/2018

Between

Complainant       :    Rajesh P.G.,

Thekkerickal House,   

Mariyapuram, Idukki.

(By Adv:  Lissy M.M.)

And

Opposite Parties                                          :   1.  Bineesh T.B.,

       Jaguar, Customer Manager,

       Palarivattom P.O.,

       Kochi, Ernakulam.

  2.  Rinjish,

      Jaguar, Area Service Engineer,

       Palarivattom P.O.,

       Kochi, Ernakulam.

  3.  M.C. Varkey Group,

       Kollamkudiyil Agencies,

       Padikara Building,

       Puliyanmala Road, Kattappana.

 

O R D E R

 

SRI. S. GOPAKUMAR, PRESIDENT

Case of the complainant is that,

          Complainant purchased wall hang closets from 3rd opposite party shop, manufactured by Jaguar,  whereas, the 1st opposite party is its Customer Manger, by spending Rs.12,814/-, on 29.9.2015.  At the time of fitting the closets, complainant noticed some cracks in one of the closet.  Moreover, at the time of purchase, 3rd opposite party convinced him that, this closet is sound free when flushing.  But both these closets are having much noise when it flushes, against the speciality assured by the opposite parties 1 to 3.  When the complainant intimated this defects to the opposite parties 1 to 3, 2nd opposite party inspected it and convinced the defect of these closets and agreed that, they 

       (cont.....2)

-  2  -

will replace it with defect free pieces within one week.  After promised period, complainant approached opposite parties 1 to 3 for replacing the defective closets.  But the opposite parties not turned up.  Hence the complainant approached this forum against the opposite parties alleging unfair trade practice and prayed for getting relief such as to direct the opposite parties to replace the defective closets with new one and also direct them to pay cost and compensation.

          Eventhough the notice from the Forum was properly served to the opposite parties 1 to 3, they failed to appear before the Forum and contest the matter.  Hence the matter decided as exparte.  The document produced by the complainant marked as Ext.P1.  On perusal of the Ext.P1 bill dated 29.9.2015, issued by the 3rd opposite party, it is clear that, the complainant purchased 2 closets manufactured by Jaguar, from 3rd opposite party, by paying an amount of Rs.12,814/-.  As per the contention of the complainant, the defect of 2 closets were confirmed by the executive of 2nd opposite party and promised him to replace it with defect free new pieces.  But evenafter repeated requests and demands made by the complainant, opposite parties have not redressed his grievance.  Moreover, the silence from the part of the opposite parties in this matter  is considered as the admission of the version of the complainant.  

   Hence the complaint allowed.  Opposite parties 1 and 3 are directed to replace the defective closets which is discussed in the complaint and pay Rs.5000/- as compensation and Rs.2000/- as litigation cost to the complainant, jointly, within 30 days from the date of receipt of a copy of this order, failing which the amount shall carry 12% interest from the date of default, till its realization.

          Pronounced in the Open Forum on this the 3rd day of November, 2018

 

        Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

      Sd/-

SRI. BENNY. K., MEMBER

(cont.....3)

-  3  -

 

APPENDIX

 

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1            -   bill dated 29.9.2015, issued by the 3rd opposite party.

On the side of the Opposite Party :

Nil.

 

 

 

          Forwarded by Order,

 

 

 

              SENIOR SUPERINTENDENT