BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Friday the 26^th day of August, 2011

C.C.No.77/11

Between:

P.Mahaboob Basha, S/o Malik Saheb,

Resident of R.S. H.No.7/180,Rangapuram Post, Bethamcherla Mandal,Kurnool District- 518 598.             

…Complainant

                   -Vs-

Manager Wespro Digital Private Limited, Provasi Industrial Estate of Warey (Road)

D/50, Viswara Nagar,George Goan (East)Mumbai - 400 063.

        …OPPOSITE PARTies

This complaint is coming on this day for orders in the presence of Mrs. M.Sumalatha, Advocate for complainant and opposite party as called absent for upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

                                C.C. No. 77/2011

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying to direct the opposite party:-

1. To refund Rs.3,698/- in favour of the complainant;

1. To refund Rs.1,500/- towards the telephone calls;

1. To pay Rs.5,000/- for causing mental agony;

1. To pay Rs.2,000/- towards cost of the complaint;

1. To grant any such other relief or reliefs as the Honourable Court may deem fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:- The complainant purchased a Wespro Digital  Camera for Rs.3,698/- from the  opposite party through V.P.P.  The complainant received the article on 19-10-2010. Immediately the complainant verified it and found it was not ingood conditions and it was not up to the standard.  Immediately on 20-10-2010 the complainant returned the camera along with watch to the opposite party and demanded for return of the amount of Rs.3,698/-.  The complainant suffered mentally and he incurred an amount of Rs.1,500/- towards telephone calls.  The opposite party having received the articles sent by the complainant did not refund the amount.  Hence the complaint.

3.     Opposite party is set exparte.

4.     On behalf of the complainant Ex.A1 to A5 are marked and sworn affidavit of the complainant is filed.

5.     Complainant filed written arguments.

6.     The points that arise for consideration are:

1. Whether there is deficiency of service on the part of opposite party?

1. Whether the complainant is entitled to the reliefs as prayed for?

1. To what relief?

7.     POINTS 1 and 2:- It is the case of the complainant that he purchased Wespro Digital Camera from the opposite party for Rs.3,698/-.  The article was received by the complainant on 19-10-2010 through V.P.P.  The opposite party after receiving the notice sent by the Forum sent a cheque for Rs.3,699/- to the complainant with an intimation to this Forum.  It is the case of the complainant that the Wespro Digital Camera sent by the opposite party was not in good condition.  It is not the case of the opposite party that the camera sent by it was in good condition.  The opposite party having accepted the contention of the complainant sent Rs.3,699/- to the complainant.   It is also admitted that the article sent by the complainant was received by the opposite party.  Because of the defect in the article sent by the opposite party the complainant must have suffered mentally.  There is deficiency of service on the part of opposite party.  The complainant claims an amount of Rs.1,500/- towards telephone calls and Rs.500/- for mental agony.   The complainant did not file the telephone bills to show that incurred an amount of Rs,1,500/- towards phone calls.  An account of the defect in the article sent by the opposite party the complainant suffered mentally.  We think it is just and proper to direct the opposite party to pay an amount of Rs.400/- to the complainant for causing mental agony. 

8.     In result, the complaint is partly allowed directing the opposite party to pay an amount of Rs.400/- for causing mental agony along with cost of Rs.250/- within one month from the date of the order. 

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 26^th day of August, 2011.

         Sd/-                                              Sd/-                               Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil         For the opposite party:Nill

List of exhibits marked for the complainant:-

Ex.A1        Courier Receipt No.2883002 dated 20-10-2010.

Ex.A2.       Letter of Complainant to opposite party dated

21-02-2011 endorsement of Sub Post Master

Rangapuram.

Ex.A3        Office copy of legal notice issued by complainant to

opposite party dated 09-03-201.

Ex.A4        Postal receipt No.327 dated 09-03-2011.

Ex.A5        Postal Acknowledgement dated 12-03-2011.

List of exhibits marked for the opposite party:- Nill

         Sd/-                                              Sd/-                               Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties       :

Copy was made ready on                    :

Copy was dispatched on                     :