Jupiter Towers,

Palarivattom, Cochin-682 025

O R D E R

Sri. K. Gopalan, President

          This is a complaint filed under Section 12 of Consumer Protection Act for an order directing opposite party to rectify the defect of emergency light and to pay `5000 as compensation.

          The case of the complainant is that he has purchased an emergency light of opposite party from the shop Golden Gulf Bazar.  It has 5 years warranty.  But just after 10 months it stopped functioning.  It was taken to their courier office in the last week of May, 2012.  They charged `70 as courier charge. Afterwards information received from the service centre that the complaint is of the damage of tube.  Complainant then paid `200.  Thus after 4 months in the second week of October, 2012 he received Emergency light.  At that time they have also obtained from complainant `78. When the emergency light was tested it was seen there was only dim light.  Then he was told that there shall be sufficient light after getting it charged for 16 hrs.  2-3 days complainant did so keeping charged as is directed but even then received only dim light.  Moreover, there was a burned shade on the top of the tube.  When it was informed to their courier office and service centre they told him that the tube replaced by them was new one itself.  They were also told that it should be given again for service and they shall take service charge also.  Even after approaching them repeatedly there was only same reply on their side.  Hence this complaint.

          Forum sent notice to opposite party after receiving the complaint. Opposite party received the notice but he did not appear before the Forum nor filed any version.  Hence opposite party’s name called in the open court and declared him exparte since there was no representation eventhough properly served.

          Complainant adduced evidence by means of chief affidavit in tone with his pleadings.  Ext.A1 is the cash receipt dated 21.08.2012 for `200.  A2 is the retail invoice for `78 as service charges.   Ext.A3 is the Manual in which local warranty Registration Card is attached.

          On going through the evidence it is seen that complainant paid the charge for replacing the tube and other expenses as per Ext.A2 and A4.

          Complainant also stated that he has paid `70 as courier charge.  Though complainant paid the repair charges and other charges the defect of the emergency light was not rectified by the opposite party.  Opposite party is bound to rectify the defect since there is five years warranty as per Ext.A3. Opposite party did not respond to the request of the complainant to rectify the defects.  It is unfairness on the part of opposite party.  Opposite party did not even appear before the Forum.  They have not even filed version.

          The facts and circumstances of the case reveals that there is deficiency in service on the part of opposite party and hence he is liable to meet the consequences. The complainant is entitled for the remedy to get it repaired the emergency light together with compensation and cost.  Hence we are of opinion that opposite party is liable to rectify the defect of the complainant’s emergency light and to pay an amount of `500 as compensation and `500 as cost of this proceedings.  Hence the issues No.1 to 3 are found in favour of complainant and order passed accordingly.

          In the result the complaint is allowed directing the opposite party to rectify the defects of the complainant’s emergency light together with `500 (Rupees Five Hundred only) as compensation and `500 (Rupees Five Hundred only) as cost of this proceedings within one month from the date of receipt of this order failing which the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.

                                Sd/-                      Sd/-          Sd/-

                           President                Member      Member

APPENDIX

Exhibits for the Complainant

A1.  Cash receipt dt.21.8.12 issued by OP.

A2.  Retail invoice dt.21.9.12

A3.  Operating manual.

A4.  Retail invoice dt.21.9.12

Exhibits for the opposite party

Nil

Witness examined for either side:

Nil

                                                                      /forwarded by order/

                                                                   SENIOR SUPERINTENDENT