CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present Sri.Santhosh Kesavanath.P. President Smt.Bindhu M.Thomas Member Sri.K.N.Radhakrishnan Member.
CC.No.258/09 Thursday, the day of 28th, January, 2010.
Petitioner. K.K.Kunjumon Kodakkamattom Villoonni.P.O. Arpookara, Kottayam. (Adv.Avaneesh.V.N.) Vs. Opposite party. Manager World of Titan C.S.I.Commercial Centre Baker junction, Kottayam.
O R D E R Smt.Bindhu M.Thomas. The crux of the complaint is as follows. The petitioner purchased a watch of design K 178, having serial No. 1955 Y MO2 for Rs.2300/- vide bill No. 8000001302 on 17-6-08. After 6 months the gold plating of cover and bracelet started fading. The dial of the said watch also started fading. The complainant approached the opposite party and complained about the said watch. But it was of no use. On 19.5.05, the complainant further complained and entered the matter in the complaint book. After that also the complainant went to the opposite party's shop several times but the opposite party had not done anything to redress his grievance. Hence the complainant filed this complaint praying to direct the opposite party to replace the watch or refund the purchase price, and to pay Rs. 10,000/- as compensation for mental agony and loss and Rs.10,000/- towards deficiency in service.
-2- The opposite party entered appearance but failed to file version even after several postings. Hence opposite party was set exparte. Points for consideration. Whether there is deficiency in service or unfair trade practice on the part of opposite parties?
Reliefs and costs?
Evidence consists of affidavit filed by the complainant and exhibits A1 and A2. Point No.1 Heard the counsel for the petitioner and perused the exhibits. The complainant produced the copy of the invoice dated 17/6/08 proving the purchase of watch. It is marked as exhibit A1. The copy of the warranty card is produced and marked exhibit A2. As per the terms and conditions of the warranty explained in exhibit A2 the, Titan watch is having two years warranty against manufacturing defects and a special warranty of one year for the plating and battery. As per the averment of the petitioner the alleged defects occurred within warranty and the said defects were not cured even after several complaints. As the opposite party has not adduced any evidence we are constrained to rely upon the averments of the complainant and documents placed on record. In our view the act of opposite party in not redressing the complainant's grievances is a clear case of deficiency in service. Point No.1 is found accordingly. Point No.2. In view of the findings in point No.1 the complaint is allowed. The complaint is ordered as follows. The opposite party will refund the purchase price Rs.2300/- to the complainant. The opposite party will also pay Rs.1500/- as compensation and cost Rs.500/- as litigation cost to the complainant. Before receiving the refund money the complainant will deposit the watch to the opposite party.
-3- This order will be complied with within one month of receipt of its copy failing which the above said refund money, compensation and cost will carry interest @ 9% p.a. till payment. The complaint is disposed of with the aforesaid directions. Smt.Bindhu M.Thomas Member Sd/- Sri.Santhosh Kesavanath. P. President Sd/- SriK.N.Radhakrishnan Member. Sd/-
APPENDIX Documents of the petitioner. Exhibit A1 Copy of invoice dt. 17/6/08. Exhibit A2 Copy of the warranty card.
By Orders,
Senior Superintendent. Kgr/4 copies.
| | HONORABLE Bindhu M Thomas, Member | HONORABLE Santhosh Kesava Nath P, PRESIDENT | HONORABLE K.N Radhakrishnan, Member | | 
