Date of Filing:16.09.2009<br /> Date of Order: 13.11.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 13TH DAY OF NOVEMBER 2009<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> COMPLAINT NO: 2230 OF 2009<br /> <br /> P.S. Seshadri<br /> 269, 11th Cross<br /> M S Ramaiah Nagar<br /> Bangalore 54 Complainant<br /> V/S<br /> Engineer / Manager Sales<br /> M/s. Sritechnix, 11/A<br /> I Floor, 3rd Cross, 1st Main<br /> 1st Stage, K H B Colony<br /> Basaveshwaranagar<br /> Bangalore 560079 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant.<br /> The facts of the case are that the complainant got one burglar alarm system fitted to his house. He has paid Rs. 20,000/- to the opposite party by way of cheque. There are two modes of operation in the system, day mode and night mode. It was in operation from 10.06.2009. 11th and 12th there was no problem. On 13.06.2009 at mid night under 12.30 the hooter sound came. He wake up and found that there is no one for this provocation. On 14th and 15th same thing happened at midnight without any provocation. On 16th sound came not only at 11.30 p.m. but it came at 4.10 a.m. without any provocation. The complainant gave calls to the company engineer about the erratic behaviour of the alarm system and told him to attend to it. On 17th night hooter sound came at 10.30 p.m. and 12.30 a.m. in the midnight and 6.30 a.m. He verified and found that there is no person involved for this provocation. Since, there was no response from the opposite party complainant wrote letter to the opposite party on 19.06.2009. The system does not give any sound when it is required and it gives sound when it is not required. Complainant has phoned the company couple of times and sent registered letter. No one is bothered about the system. In this present condition it is not at reliable to have the system. Therefore, complainant prayed that opposite party be directed to refund Rs. 20,000/- with cost.<br /> 2. Notice sent to opposite party through registered post after admitting complaint. Notice was served on the opposite party. When the case was set for appearance of opposite party nobody appeared on behalf of the opposite party. Therefore, opposite party was placed as exparte. <br /> 3. The complainant has filed his affidavit evidence. <br /> 4. We have heard the complainant’s submission. Perused the complaint and documents.<br /> 5. The complainant has produced quotation form. As per this quotation one year warranty is there from the date of installation. The complainant has produced invoice cum endorsement sheet of burglar alarm and he has produced another invoice. It clearly shows that the complainant has paid Rs. 20,000/- through cheques to the opposite party. The complainant also produced letter written to opposite party. In this letter he has requested the opposite party to take back the system and return the money of Rs. 20,000/- which he has paid. The case put up by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter even though notice is served. It appears that opposite party has no defence to make that is why nobody appeared on behalf of opposite party. The burglar alarm system fitted to the house of complainant is not working properly as per the promise and commitment. Therefore, there is deficiency in service on the part of opposite party. The complainant is entitled for the refund of amount. Consumer Protection Act is a social and benevolent legislation intended to protect better interests of consumers. The complainant being a ‘consumer’ under the consumer protection Act his interest requires to be protected by ordering opposite party to refund the amount with cost of the present proceeding. Therefore, I proceed to pass the following:<br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to refund Rs. 20,000/- to the complainant within 15 days from the date of its order. <br /> 7. The complainant is also entitled for Rs. 1,000/- as costs of the present proceedings from the opposite party.<br /> 8. In the event of non-compliance of the order within the time granted above in that event the amount of Rs. 20,000/- carries interest at 9% p.a. from the date of this order till payment / realization.<br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 13TH DAY OF NOVEMBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> <br />