BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Date of filing : 18/11/2011
Date of Order : 31/01/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 643/2011
Between
Jessy Joseph, | :: | Complainant |
Flat No. 2-A-1, Star Apartments, Chathari Road, Tripunithura – 682 301. |
| (By party-in-person) |
And
Gopu Nandilath Group, | :: | Opposite Party |
Nandilath G-Mart, Global Home Appliances Plaza, Toll Junction, Door No. XXXIII/1114,5,6,7,8, Edappally – 682 024. |
| (By Authorized representative) |
O R D E R
A. Rajesh, President.
1. The case of the complainant is as follows :
On 08-09-2010, the complainant purchased a juicer from the opposite party which was manufactured by Morphy Richards. After three days from the date of purchase, it became defunct. The opposite party replaced the defective machine with a new one. Again, the replaced one as well suffered from defect . The complainant returned the juicer to the opposite party. The opposite party agreed either to replace the same or to rectify the defect. Though the complainant approached the opposite party to get her grievances redressed her efforts were in vain. Thus, the complainant is before us seeking direction against the opposite party to refund the price of the gadget together with a compensation of Rs. 750/- and Rs. 150/- being the costs of the proceedings.
2. At the very outset , the authorized representative of the opposite party filed a memo stating that they are ready and willing to hand over a new Morphy Richards Juicer with fresh warranty to the complainant. The positive gesture on the part of the opposite party is to be appreciated. We think that the replacement of the gadget with a brand new one with fresh warranty is enough to meet the ends of justice, especially when the contentions of the complainant have not been substantiated. Ext. A2 goes to show that the opposite party has received the defective juicer from the complainant.
3. Since the primary grievance of the complainant having been met squarely, no order for compensation is called for.
4. In the above circumstances, we partly allow the complaint and direct that the opposite party shall hand over a brand new juicer as per the specification in Ext. A1 bill to the complainant with fresh warranty. Costs of Rs. 150/- is also awarded as prayed for.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 31st day of January 2012.
Forwarded/By Order, Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Senior Superintendent.
