By Smt. C.S. Sulekha Beevi, President,
1. Complainant placed order for a mixie on 30-12-2007 at a fair conducted by opposite party at Malappuram. The price of the mixie was represented by opposite party to be Rs.4,995/-. He offered discount of Rs.1,200/-. Towards the balance of Rs.3,795/- complainant paid Rs.200/- as advance. On 16-10-2008 complainant purchased the mixie from the shop of opposite party. One year replacement warranty and five years free service guarantee was offered. On 03-01-2009 the mixie became defective. Though complainant contacted opposite party requesting to repair the mixie, opposite party did not respond. Complainant had to purchase another mixie for his use. Hence this complaint. 2. Notice to opposite party was served. In fact the acknowledgement card bears the seal and signature of opposite party. Complainant has averred in the complaint mentioning the mobile phone number of opposite party to which complainant had repeatedly called to inform opposite party about the defect of the mixie. This phone number of opposite party is also seen stated on the acknowledgement which is part of the seal of his firm. We have no doubt that the notice was properly served on 06-5-2009 to the right addressee. Still opposite party opted to remain absent. He was set exparte on 25-5-2009. 3. Complainant filed affidavit on 04-6-2009, reiterating the contentions in the complaint. No contra evidence is adduced by opposite party. Ext.A3 is the bill issued by opposite party for sale of mixie and Ext.A2 is the warranty card. Claim proved. We hold that opposite party has committed unfair trade practice by selling a defective product and by not replacing the same. 4. In the result, complaint allowed. We order that opposite party shall refund Rs.3,795/- (Rupees Three thousand seven hundred and ninety five only) to the complainant along with cost of Rs.750/- (Rupees seven hundred and fifty only) within one month from date of receipt of copy of this order. On payment complainant shall return the defect alleged mixie to opposite party.
Dated this 24th day of June, 2009.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A3 Ext.A1 : Order form dated, 30-12-2007 issued by opposite party to complainant. Ext.A2 : Warranty card Ext.A3 : Bill dated, 31-3-2009 for Rs.2,502/-by opposite party to complainant. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................C.S. SULEKHA BEEVI | | 
