cccccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 21st day of May 2013
Filed on : 20/11/2012
Present :
Shri. A Rajesh, President.
C.C. No. 725/2012
Between
Sujitha Surajan, : Complainant
W/o. Renjith, (party-in-person)
Illikkapadanayil,
Thekkumbhagom,
Tripunithura.
And
Eureka Forbes, : Opposite party
Tuttoos Tower, 4th Floor, (absent)
Palarivattom, Near Padivattom,
Ernakulam.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
On 28-11-2011 one of the sales executives of the opposite party visited the house of the complainant and explained the description of their product by name Power Wash. Fascinated by the presentation and assurances of the sales executive of the opposite party the complainant decided to purchase the machine and paid Rs. 500/- towards advance to the representative of the opposite party. On that day itself the complainant paid Rs. 2,900/- as the first instalment and issued 6 cheque leaves for Rs. 1,280/- each to the opposite party towards price of the machine. Accordingly the opposite party delivered the machine to the complainant. The opposite party provided one year replacement warranty for the machine. Apart from that she got a coupon and when she scratched the coupon she won a Reebok travel bag and 3 days and 2 nights visit in Munnar. In spite of repeated requests the opposite party did not provide the gift offered by the opposite party. On the next day itself the car wash became defunct. But the opposite party did not repair or replace the defective car wash. By the time two cheques issued by the complainant were encashed by the opposite party. Thereafter the complainant has given stop memo for the other cheques. The opposite party is liable to refund Rs. 5,916/- which was received by the opposite party towards price of the machine. The opposite party is also liable to pay a compensation of Rs. 50,000/- for the mental agony suffered by the complainant and Rs. 10,000/- towards other expenses. This complaint hence.
2. The opposite party duly accepted the notice issued from this Forum, but there was no response. No oral evidence was adduced by the complainant. Exts. A1 to A4 were marked on her side. Heard the complainant who appeared in person.
3. The points that came up for consideration are as follows:
i. Whether the complainant is entitled to get refund of the price
of the car wash from the opposite party with interest.
ii. Whether the complainant is entitled to get a compensation of
Rs. 50,000/- and Rs. 10,000/- towards incidental expenses.
4. Point No.i. Ext. A1 receipt dated 29-11-2011 goes to show that the complainant purchased a euroclean vaccum cleaner manufactured and marked by the opposite party. Ext. A2 is the warranty card issued by the opposite party which provides 12 months warranty from the date of invoice of the machine. According to the complainant the total price of the machine was Rs. 10,000/-. Out of the total price as agreed between the parties the complainant paid Rs. 1,280/- by cheques dated 06-01-2012 and 06-06-2012 evidenced by Ext. A3 account statements of the complainant issued from Vijaya Bank, Puthiya kavu branch. It is stated that on the very next day of purchase the machine became defunct and in spite of repeated requests the opposite party failed either to replace the same or to refund the amount received from the complainant. As per Ext. A2 warranty card the opposite party is legally liable to provide warranty for the gadget from 29-11-2011 in which they miserably failed. Nothing is forthcoming on the part of the opposite party as to the reason for the non performance of the contract entered into between the complainant and the opposite party for their absence which amounts to deficiency in service on their part.
According to the Hon’ble National Consumer Disputes Redressal Commission a frustrated consumer is entitled to get refund of the price of the machine. (Soni Ericson Vs. Ashish Agarwal (IV) 2007 CPJ 294 (NC) .Therefore the complainant is entitled to get refund of the advance amount of Rs. 500/- the 1st instalment of Rs. 2,900/- and the subsequent two instalments of Rs. 1,280/- each with interest.
5. Point No. ii. This Forum considers the grievances of the complainant and orders to refund the amount received from the complainant. Therefore compensation is not called for, since the complainant has not been put to further inconvenience. However the complainant had to approach this Forum to get her grievances redressed costs of the proceedings are called for. This Forum fixes it at Rs. 1,000/-.
6. In the result, the complaint is partly allowed and opposite party is directed as follows:
i. The opposite party shall refund Rs. 5,960/- to the complainant
with interest @ 12% p.a. from the date of receipt till
realization.
ii. The opposite party shall also pay Rs. 1,000/- to the
complainant towards costs of the proceedings.
The above said order shall be complied with within a period of thirty days from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 21st day of May 2013
Sd/-
A Rajesh, President.
Forwarded/By Order,
Senior Superintent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of receipt No. 004409
A2 : Copy of warranty card
A3 : Copy of account statement
A4 : Copy of account statement
Opposite party’s Exhibits : : Nil
