BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 18/02/2014
Date of Order : 24/04/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 99/2014
Between
P.R. Sheshadri, | :: | Complainant |
S/o. Ramaswamy Iyer, “Sreyas”, Punnakkattu Moola, Cochin University. P.O., Kalamassery, Kochi – 682 022. | | (By Adv. S. Vaidyanathan, M/s. S. Sreekumar Associates Advocates, Chittoor Road, Kochi – 682 018.) |
And
1. Eureka Forbes Limited, | :: | Opposite Parties |
Rep. by Manager, G-101, Panampilly Nagar, Kochi – 682 036. 2. The Manager, Eureka Forbes Limited, G-101, Panampilly Nagar, Kochi – 682 036. | | (Op.pts. by Adv. R. Muraleedharan, DD Angadi, Convent Junction, Market Road, Cochin – 11.) |
O R D E R
A. Rajesh, President.
1. This complaint is preferred by the complainant seeking direction against the opposite parties to refund the price of the vaccum cleaner with interest together with a compensation of Rs, 10,000/-.
2. The learned counsel for the opposite parties filed a memorandum stating that they are prepared either to replace the defective gadget or to replace the defective part of the same.
3. Heard the counsel for the parties and went through the documents on record. It appears that the complainant had to run from pillar to post to get his grievances redressed to which the opposite parties turned a deaf ear. However, since at the outset, the opposite parties agreed to replace the vaccum cleaner with a new one, the gesture on the part of the opposite parties is to be appreciated. We think that apart from the above, a compensation of Rs. 1,000/- is to be awarded to abate the agony of the complainant.
4. Accordingly, we partly allow the complaint and direct as follows :-
The opposite parties shall jointly and severally replace the defective vaccum cleaner with a new one with fresh warranty according to the choice of the complainant. The difference in price, if any shall be met by either. The complainant is directed to return the defective machine to the opposite parties simultaneously.
The opposite parties shall also jointly and severally pay Rs. 1,000/- towards compensation to the complainant for the reasons stated above.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 24th day of April 2014.
Forwarded/By order, Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Sd/- V.K. Beena Kumari, Member.
Senior Superintendent.
