Date of filing : 25-11-2010
Date of order : 11-02-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
C.C. 245/2010
Dated this, the 11th day of February 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
Fr.Jose Nirappil,
Holy Trinity Church, } Complainant
Sampaje.Po.Kallugundi,
D.K.Karnataka.574 234.
(In Person)
1. Malabar Watches Pvt. Ltd, } Opposite parties
3rd floor Malabar Gate,
Ram Mohan Road, Calicut.673004.
2. The Proprietor,
Malabar Gold, New Bus stand, Kasaragod.
( Ops 1 & 2 Exparte)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
The gist of the complaint is as follows:
Complainant purchased a Titan Quartz watch worth `1950/- on 3-11-2010 from the Malabar Gold shop in Sulthan Bathery, Wynad District. Though it was a water resistant watch on the first day of purchase itself complainant observed that water enters in to the watch. Then he informed the dealer who suggested to take the watch to any of the Branch of Malabar Gold shop. Accordingly complainant took the watch to opposite party No.2 and asked them to exchange the watch. They declined to exchange instead they send it for service, and the complainant received the watch after service on 22-11-2010. On the same day itself complainant found that the complaint is persisting and more water enters in to the watch. Immediately complainant contacted opposite party No.1 over phone and told the matter. But their response was neither pleasing nor pacifying and they were not concerned with the grievances and loss of customers. Hence the complaint claiming refund of the purchase value with compensation of `5,000/-.
2. Notices were issued by registered post with acknowledgement due to both opposite parties. Though both of them received the notices they did not care to appear before the Forum. Hence opposite parties 1 & 2 had to be set exparte.
3. Complainant adduced evidence as PW1. Exts. A1 to A3 marked. His documents scrutinized. Ext.A1 is the copy of purchase bill. Ext.A2 is its warranty card. Ext.A3 is the service record of the watch. From Ext.A2 it is seen that the warranty is offered by the dealer to a customer who purchased a watch from Malabar Gold. Ext.A3 is the service job sheet which indicates that complainant entrusted the watch for repair on 8-11-2010 with opposite party No.1.
4. Complainant during evidence deposed that he purchased the watch from the Bathery Show room of Malabar Gold and it was entrusted for servicing with opposite party No.2 as per the instruction from Bathery show room. On entrustment of the watch opposite party No.2 issued the service card of opposite party No.1 (Ext.A3) to complainant and it returned it after ‘service’ with the same defects.
5. The non-rectification of the defects of a new product having warranty and the refusal to replace it with a defect free one etc on the part of opposite parties amount to unfair trade practice and deficiency in service. Hence opposite parties 1 & 2 are liable to compensate the complainant for the loss, hardships and mental agony caused to him.
Therefore the complaint is allowed and opposite parties 1 & 2 are jointly and severally directed to repay `1950/- to the complainant together with a compensation of `1000/- and a cost of the proceedings, `1000/-. On receipt of the said amount complainant shall return the watch in as is where in condition and obtain receipt. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which opposite party No.1 shall be further liable to pay interest @ 15% for `1950/- from the date of complaint till payment.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1. 3-11-2010 copy of Retail invoice.
A2. Photocopy of Warranty card
A3. Photocopy of service record.
PW1. Jose Nirappil
Sd/- Sd/-
MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
