By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to replace the machine with a new and non-defective one with extended warranty or to return Rs.38,300/- being the cost of the machine purchased from the opposite party and also direct the opposite party to pay a compensation of Rs.25,000/- and cost of the proceedings to the complainant.
2. Brief of the complaint:- The complainant has purchased the Excel Marvel T. M machines with cast iron green dumbells for his personal use on 04.10.2012 from the opposite party by paying a sum of Rs.38,300/-. The machine was having a warranty for one year from 04.10.2012 against all sorts of manufacturing defects. The opposite party assured high quality. Thereafter the machine was found with some defects like the stepping belt was not found stable on 26.09.2013. The matter was reported to opposite party on 26.09.2013 itself. Service person came on 17.10.2013 and dismantled the machine. The main parts of the machine in the platform were rusted and worn out, the complainant took photo graphs of it. The service person assured that the machine will be replaced within one month. The opposite party did not replaced it till 05.10.2014. The default of the machine within warranty period itself shows the low quality of the product. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notice was issued to opposite party and the notice is served to opposite party on 24.10.2014. But opposite party did not appear before the Forum and the opposite party is set ex-parte on 16.12.2014.
4. On perusal of complaint, and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and complainant is examined as PW1 and Ext.A1 to Ext.A3 are marked. Ext.A1 is the Retail Invoice Receipt for a sum of Rs.38,300/- paid to the opposite party by the complainant at the time of purchase of machine on 04.10.2012. Ext.A2 is the warranty card issued by the opposite party to the complainant. Ext.A3 is the Photographs of machine. On verifying the Ext.A2 document, it is seen that the machine have one year warranty from the date of purchase. On verifying the Ext.A3 document, it can be seen that there are rusted portion in the machine. On analyzing the affidavit and documents of the complainant, the Forum found that the case of the complainant is genuine one and there is nothing to disbelieve the case of complainant. It is up to the opposite party to prove otherwise. But the opposite party remained ex-parte. So the Forum is of the opinion that the act of opposite party is nothing but deficiency of service. The point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.38,300/- (Rupees Thirty Eight Thousand and Three Hundred) only to the complainant being the cost of the machine purchased by the complainant from opposite party along with Rs.2,000/- (Rupees Two Thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of the proceedings. The complainant shall return the defective machine to the opposite party on receipt of the above amounts. The opposite party shall comply the order within 30 days from the date of receipt of this order, failing which the complainant is entitled to get 12% interest for the whole sum thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of January 2015.
Date of Filing:07.10.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Pradeesh Chacko(affidavit).
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Retail Invoice. dt:04.10.2012.
A2. Warranty Card.
A3. Photographs.
Exhibits for the opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
