IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of October, 2015
Filed on 15.06.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C. No. 182/2015
between
Complainant: - Opposite Party:-
Sri. Vishnu, Far East Trading Est.
Athul Nivas, Sathrathil Building,
Thulamparumbu North K.P.Road,
Mannarasala P.O., Haripad Kayamkulam – 690 502
(By Adv. C. Ajith Sankar)
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant purchased a wardrobe from the opposite party on14.07.2014. The person deputed by the opposite party installed the same. At the time of fixing the wardrobe one bush in the bottom was broken and was not able to put the light affixed to the wardrobe. The opposite party agreed to rectify the same on the very next day itself. But they failed to rectify the defect. While so after 3 weeks from the date of purchase of the product a gap was formed in between the doors. So it is not possible to open the door completely. Now the complainant could not use the wardrobe. Opposite party’s representative came and inspected the wardrobe and they informed that the defect can’t be rectified and the same has manufacturing defect. So it is to be replaced. The complainant sent a notice to the opposite party on 23.01.2015. But the wardrobe has neither replaced nor refunded the price of the product. The complainant sustained much mental agony and hence filed this complaint seeking a direction against the opposite party to replace the wardrobe or to refund the price of the same along with compensation.
2. Notice was served to the opposite party but they did not appear before the Forum and hence opposite party was set ex-parte.
3. The evidence in this case consists of proof affidavit filed by the complainant and documents Exts.A1 to A3 were marked.
4. Considering the allegations of the complainant the Forum has raised the following issues:-
- Whether the opposite party has committed any deficiency in service?
- Whether the complainant is entitled to get the relief as prayed for?
5. The case of the complainant is that he had purchased a wardrobe form the opposite party. At the time of fitting the same one of the bush was broken. So the light attached to the wardrobe doesn’t work. After 3 weeks from the date of purchase a gap was formed in between the doors and the doors can’t be open completely and he could not use the same. The complaint was intimated to the opposite party and a representative from the opposite party after inspecting the same informed the complainant that the defect can’t be rectified and the said defect is due to manufacturing defect and hence it is to be replaced. But the opposite party failed to do so. The complainant sent a legal notice to the opposite party on 23.1.2015. But the grievance has not been redressed and hence filed this complainant seeking direction against the opposite party either to replace the wardrobe or to refund its price along with the compensation. Complainant filed proof affidavit and documents Exts.A1 to A3 were marked. From Ext A1, it can be seen that the complainant purchased a wardrobe on 14.7.2014 for an amount of Rs. 19,500/-, Ext A2 the legal notice dated 23.1.2015 and Ext A3 is the Acknowledgement card. According to the complainant from the date of installation itself the wardrobe was defective. The complaint at the time of hearing submitted that through the gaps formed in between the doors cockroach and other insects enter into the wardrobe and cause damage to the clothes. So he could not use the same. The allegation of the complaint has not been challenged by the opposite party. The affidavit filed by the complainant stands unchallenged. Hence the Forum is of the opinion that there is no need for an expert opinion to decide the case. The opposite party was given sufficient opportunity to contest the case but they did not turn up. The unchallenged averments of the complainant through proof affidavit along with the supporting documents prove the case of the complainant. This Forum finds that there is deficiency in service on the part of the opposite party. So the complaint is to be allowed.
In the result the opposite party is directed to replace the defective wardrobe and install the same at the cost of the opposite party to the satisfaction of the complainant and the complainant shall return the defective wardrobe to the opposite party. The opposite party is further directed to pay an amount of Rs. 1000/- (Rupees one thousand only) towards compensation for the mental agony and inconvenience caused to him. The order shall be complied within 30 days from the date of receipt of this order failing which the complainant is entitled to get refund of the price of the wardrobe – Rs. 19,500/- along with interest @ 8% per annum from the date of order till realization.
Dictated to the Confidential Assistant transcribed by him corrected by me and pronounced in open Forum on this the 31st day of October, 2015.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext. A1 - Copy of Retail Invoice dated 14.07.2014
Ext.A2 - Copy of the letter dated 23.01.2015
Ext.A3 - Acknowledgement Card dated 20.02.2015
Evidence of the opposite party:- Nil
-//True copy//-
// True Copy //
By Order,
Senior Superintendent.
To
Complainant/Opposite parties/SF
Typed by : Pr/-
Compd by:
