D.O.F:05/08/2022
D.O.O:10/07/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.184/2022
Dated this, the 10th day of July 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Basil.C, Poulouse, aged 35 years,
Proprietor,
M/s Sulabha Margin Free,
KGP X111/747,
Near Syndicate Bank, Kumbala, : Complainant
Kasaragod 671321.
(Adv: Anilkumar S R)
And
1. CEO,
M/s Pramodhan Industry
No 75 T G Anna Nagar
Ayapakkam Main Road, : Opposite Parties
Ambattur, Chennai
Tamil Nadu, 600053
2. Suresh
C/o M/s Pramodhan Industry,
No 75 T G Anna Nagar,
Ayapakkam Main Road,
Ambattur, Chennai, Tamil Nadu, 600053
ORDER
SMT.BEENA.K.G : MEMBER
The Complainant is the proprietor of Sulabha Margine free market situated in KGP XIII/747 near Syndicate bank Kumbala. He is running the business from the last 25 years and having huge customers every day. The Opposite Party No:1 is the manufacturer and Opposite Party No:2 is the distributor of gas generators.
The complainant is suffering huge loss in his business due to electricity failure, which is affecting day to day function of the business. Hence the complainant decided to purchase a gas generator and searched online to purchase the product. The complainant found a seller on line thereby Opposite Party No:2 contacted the complainant and given details of the product. The complainant purchased gas generator of the 3KW from Opposite Party No:1 for Rs. 30,500/- having warranty certificate. The complainant received the product on 17/06/2021 and on 10/08/2021 it was installed in the Margine free market. From the first day itself it had some unusual sound. The complainant informed the same to Opposite Party No:2 and he had given some directions. On the next day when it was switched on it burned with a bad smell. The functions of the Margine free market stopped and customers felt inconveniences. Many customers left without buying anything. The sudden failure of electricity and non functioning of the newly purchased generator affected the billing section, computers got shut down refrigerators and freezers stopped working which caused loss of more than Rs 25,000/- and other inconvenience occurred. The complainant informed Opposite Party No:2 regarding the defect of the product and asked him to cure the defect as soon as possible. Due to the electricity failure complainant suffered huge loss and hardship. Even after repeated requests, Opposite Party No: 1 demanded the complainant to send the product to Payyannur. From there the product was shipped to Opposite Party No:1. But so far the product is not returned after curing defect. Even though the product have warranty certificate the complainant could not use the product for a single day. Hence the complainant is seeking price of the product including transportation charge is total Rs. 33,500/- along with a compensation of Rs. 2,00,000/- for mental agony and hardship from Opposite Parties.
Notice of Opposite Parties returned stating left. Thereafter the complainant effected notice through substituted service, but the Opposite Parties remained absent name called absent, set exparte.
The complainant filed chief affidavit in lieu of chief examination Ext A1 to A3 marked. Heard the complainant.
The questions raised for consideration are:
- Whether there is deficiency in service or unfair trade practice on the part of Opposite Parties in non providing after sale service to the customer?
- Whether the complainant is entitled for relief?
- If so what is the relief.
For convenience question No: 1 to 3 can be discussed together.
Here the complainant is the proprietor of Sulabha Margine free market is suffering huge loss in business due to electricity failure. So he decided to purchase a gas generator and searched online. The Opposite Party No: 2 contacted the complainant and given details of Opposite party No:2 and the product. As per the assurance of Opposite Parties regarding the quality of product complainant purchased the gas generator for Rs. 30,500/- on 17/06/2021 and installed on 10/08/2021. On the first day itself it had abnormal sounds. But on the second day when it was switched on, it burned with bad smell. The functions of the Margine free market stopped and many customers left without buying anything and the complainant suffered a loss more than Rs. 25000/-. The complainant informed Opposite Party No: 2 regarding the defect of the product and as per their direction shipped the product to Opposite Party No: 1. But so far the product is not returned after repair. Ext A1 is the copy of the tax invoice dt: 10/06/2021, Ext A2 is the copy of the compressor warranty and A3 is the copy of
the parcel receipt dated 10/06/2021. The document proves that the complainant’s case is true. Moreover the product had warranty. The Opposite Parties failed to provide after sales service to the complainant even after repeated requests. The gas generator is very essential product in Margine free market. The irresponsible attitude of Opposite Parties caused severe mental agony and loss to the complainant. In the absence of rebuttal evidence, the commission holds that there is serious deficiency of service and unfair trade practice on the part of Opposite parties and both Opposite Parties are bound to compensate the loss and mental agony suffered by the complainant. The complainant is entitled for either replacement or repair of the product during warranty period. After receiving the product for repair, Opposite Parties are silent about the product is unfair trade practice on the part of Opposite Parties. After spending Rs.30,500/- for the generator the complainant could not use the product for a single day. The complainant entitled for relief. Here the complainant seeking a compensation of Rs. 2,00,000/- along with Rs. 33,500 as price of the product with transportation charge. Considering the facts and circumstances of the complainant and documents produced by him we are of the view that an amount of Rs. 25,000/- is a reasonable compensation in this case along with refund of the price of the generator. Opposite Party No:1 and 2 are jointly and severally liable to compensate the loss of the complainant.
In the result complaint is partly allowed directing the Opposite Parties to refund Rs.33,500/- with a compensation of Rs. 25,000/-(Rupees Twenty Five thousand only) with @ 8% interest from date of complaint till realization with a cost of Rs. 3000/-(Rupees Three thousand only) to the complainant within 30 days of the receipt of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Tax invoice
A2- Compressor Warranty receipt
A3- Parcel receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
