Kerala

Kottayam

CC/07/191

Benny Cyriac - Complainant(s)

Versus

Manaer - Opp.Party(s)

31 Mar 2008

ORDER


Report
CDRF, Collectorate
consumer case(CC) No. CC/07/191

Benny Cyriac
...........Appellant(s)

Vs.

Manaer
Manager
...........Respondent(s)


BEFORE:
1. Bindhu M Thomas 2. Santhosh Kesava Nath P

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

The case of the petitioner is as follows: Petitioner purchased a washing machine from the first opposite party by paying an amount of Rs.18,400/-. At the time of purchase the opposite party issued a warranty for two years and a life long service to washing machine. On 13..6..2007, after the warranty period, washing machine was become idle. The petitioner intimated the said fact to the first opposite party. As per the instruction of the first opposite party petitioner intimated the fact of defect of washing machine to the second opposite party. 2nd opposite party informed the defect to 3rd opposite party and they issued a complaint reg No. as 965133. -2- As per the complaint the representative of the 3rd opposite party examined the washing machine and intimated to the petitioner that the drum of the machine was in trouble and they assured the petitioner that they will cure the troubles within 3 days. After 3 days the representative of the 3rd opposite party had not came forrepair of washing machine. So, the petitioner intimated the inaction on the side of the representative of 3nd opposite party to the other opposite parties. But the opposite parties has not heed to the complaints of the petitioner. According to the petitioner, trouble caused to the washing machine was during the period when the petitioner and his family members were admitted in the hospital due to serious ill. So the petitioner caused much hard ship due to the defect of the washing machine. The petitioner states that act of the opposite party is a clear deficiency of service so he prays for directing the opposite party to cure the defect of the washing machine and he claims Rs. 6000/- for the deficiency in service on the part of the opposite party and he claims Rs. 2000/- as cost of the proceedings. Notice was issued from the Forum opposite party was not entered appearance or filed their version so, opposite party set ex-parte. Points for determination are: i) Whether there is deficiency in service on the part of the opposite party? ii) Reliefs and costs. Evidence in this case consists of affidavit filed by the petitioner and Ext. A1 to A4 documents. Point No. 1 During the time of evidence the petitioner submitted that the washing machine in dispute was repaired by the opposite party so he is not pressing the reliefs of seeking -3- directions of the Forum to repair the washing machine. He only seeks seeks the relief with regard to getting cost and compensation. Even though the petitioner has not produced any documents to prove that he had suffered mental agony and hard ship, the fact of washing machine laying idle for a period of 3 months, without saying, will defenitely caused hardship and sufferings to the petitioner. So he is entitled for compensation. Point No. 2 In the result petition is allowed. The opposite party is ordered to give Rs. 750/- as compensation and Rs. 250/- as cost of the proceedings to the petitioner. The opposite parties are jointly and severally liable for paying the cost and compensation. The order shall be complied with within 30 days of receipt of this order. Dictated by me transcribed by the Confidential Assistant, Corrected by me and Pronounced in the Open Forum on this the 31st day of March, 2008.




......................Bindhu M Thomas
......................Santhosh Kesava Nath P