Date of filing: 05.06.2014.
Date of disposal: 21.10.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – II:
VIJAYAWADA, KRISHNA DISTRICT
Present: Smt N. Tripura Sundari, B. Com., B. L., President (FAC)
Sri S. Sreeram, B.Com., B.A., B.L., Member
Tuesday, the 21st day of October, 2014
C.C.No.129 of 2014
Between:
E. Hemalatha, W/o Srinivasa Rao, Hindu, C/o B.H. Venkateswarlu, Retd., MRO, D.No.40-9-13-1, Vasavya Nagar, Near Samaram Hospital, Vijayawada, Krishna District.
…..Complainant.
And
Inida’s Marketing Fitness Tele Shopping, Rep: by its Manager, M. Narasimha Chowdary, D.No.41-1/4/32A, 1st Line, Dwarakanagar, Srinivasa Towers Down, Krishnalanka, Vijayawada, Krishna District.
.. … Opposite party.
This complaint coming on before the Forum for final hearing on 14.10.2014, in the presence of Sri P.V. Edukondalu, advocate for complainant; Sri Remala Anjaneyulu, advocate for opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Sri S. Sreeram)
1. This is a complaint filed by the complainant under Section 12 of Consumer Protection Act, against the opposite party directing them to refund the cost of leg massager an amount of Rs.14,000/- which was paid by him with interest at 24% p.a., to grant interest at 24% p.a., from the date of the petition till realization, to pay Rs.50,000/- towards compensation, for costs and other reliefs.
2. The brief averments of the complaint are as follows:
The complainant purchased Leg Massager on 19.6.2013 from the opposite party under invoice No.320 for Rs.14,000/- and the opposite party has given one year warranty and five years service warranty to the said massager. At the beginning the said massager is worked properly for some days and later the said massager is not properly working and immediately he approached the opposite party and informed about the functioning of same, but the opposite party gave evasive replies and not receiving the product. The complainant several times approached the opposite party for getting repair of said leg massager, but the opposite party not evinced any interest. The complainant further demanded the opposite party for replacement of same, but the opposite party is postponing the same from time to time. The complainant after wandering around the opposite party, having vexed with the attitude, got issued a legal notice to the opposite party on 8.5.2014 demanding the opposite party to refund the amount of Rs.14,000/- and also to pay damages and interest. But the notice was returned with false endorsement. Hence, the complaint.
3. After registering the complaint, notices were sent to the opposite party. The opposite party filed version denying the allegations made in the complaint and contended that the complainant never approached the opposite party after purchase of product and not informed about the non working of said leg massager and that the complainant not sent any notice. It is further contended that the leg massager is only useful to domestic purpose, but she might have used the same for commercial purpose, as she is running Ayurvedic Clinic center as RMP doctor and as such damage occurred. It is further contended that the complainant not issued legal notice to opposite party as and when the leg massager not worked and that she filed the complaint after expiry of one year and finally prayed to dismiss the complaint.
4. The complainant filed her chief affidavit reiterating the material averments of the complaint and got marked Exs.A1 to A4 on her behalf. The proprietor of opposite party filed chief examination affidavit but not documents were marked.
5. Heard both sides and perused the record.
6. Now the points that stood for consideration are:
1. Whether there is any deficiency of service on the part of the opposite party in supplying the defective leg massager to complainant or not?
2. If so, to what relief?
Point No.1:
7. The undisputed facts in this case are that the complainant purchased leg massager from the opposite party under Ex.A1 invoice for Rs.14,000/-. Perusal of Ex.A1 discloses that there is guarantee for said product for one year and five years service warranty. The main grievance of the complainant is that at the beginning the leg massager worked properly, but later not worked properly and that she informed the same to the opposite party and demanded either to refund the amount or replace the product, but in vain. The complainant got issued legal notice to the opposite party under Ex.A2, which was dispatched under Ex.A3 postal receipt. The notice of opposite party returned under Ex.A4.
8. In reply to the allegations of the complainant, the contention of the opposite party is that the complainant never approached them after purchase and that she might have used the product for commercial purpose instead of domestic purpose and that no legal notice was issued by complainant. Perusal of record discloses that the complainant alleged that the product worked at the beginning properly and later failed to work. Admittedly the complainant purchased the product on 19.6.2013 and got issued Ex.A2 notice on 8.5.2014 to the opposite party. As such, it is clear that the complainant used the said product for nearly one year. Except alleging that the product not worked properly, she has not mentioned the period from which it was not working. Further the complainant also not stated whether she has got examined the product with any service center. In the absence of above aspects, it is very hard to ascertain whether the leg massager is either working or not, more particularly in the light of contention of opposite party that the complainant never approached them after purchase. Further it is pertinent to note that, Ex.A4 returned cover discloses that ‘there is no such person in the address’. But the notices in this case were served on opposite party and he made appearance and filed version. However, as the product is having five years service warranty from the date of purchase, the opposite party is liable to get the defect, if any, rectified.
9. In the result, the complaint is disposed of with a direction to the opposite party to rectify the defect if any in the leg massager of complainant and make it good for use. The complainant is directed to hand over the leg massager to the opposite party for repair within 15 days from the date of receipt of order. The opposite party is directed to comply the direction within 15 days from the date of handing over the product by complainant. The other claims of complainant shall stands dismissed. The complainant is at liberty to approach this Forum if the opposite party failed to comply with the order.
Typewritten by Steno N. Hazarathaiah, corrected by me and pronounced by us in the open Forum, this the 21st day of October, 2014.
PRESIDENT (FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: -None- For the opposite party: -None-
Documents marked
On behalf of the complainant:
Ex.A1 19.06.2013 Original copy of cash bill issued by OP.
Ex.A2 08.05.2014 Photocopy of legal notice got issued by complainant to OP.
Ex.A3 Postal receipt.
Ex.A4 Returned postal cover.
On behalf of the opposite party: -Nil-
PRESIDENT (FAC).
