Date of filing       :       22-09-2012 

                                                                           Date of order       :      07 -12-2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.259/2012

                         Dated this, the 7^th   day of   December 2012

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P.RAMADEVI                                      : MEMBER

SMT. K.G.BEENA                                        : MEMBER

Shama Bhat, S/o.Gopalakrishna Bhat,         } Complainant

Mena Moodakar, Koipady, Naikapu .

Po.Kumbala. 671321. Kasaragod.Dt.

(Adv.M. Balagopalan, Kasaragod)

Manager,                                                              } Opposite party                                                 

Adonis Electronics Pvt. Ltd,

Speed Care, 3/1330/A15 Kaban Shopping

Arcade, Nayak’s Road, Kasaragod. 671121.

                                                                        O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            In nutshell the case of the complainant is that the opposite party failed to repair his Onida DVD player he entrusted with them inspite of collection of service charge `1150/-.

2.         On receipt of notice Manager of opposite party Miss Savitha appeared before the Forum and submitted that they are ready to settle the matter.

3.         Subsequently they failed to appear before the Forum to effect the settlement.  Hence complainant is examined as PW1 and Exts A1 to A4 marked.

4.         Complainant as PW1 deposed that  opposite party assured to repair his DVD player and also promised to pay `1200/- as part of settlement.  He further added that opposite party instead of repairing his Onida DVD player entrusted with opposite party  give him another DVD player. But failed to make any payment.

5.         When anyone opens a service centre he impliedly undertakes that he is willing and ready to do the works entrusted to him. Any failure of breach of the same would constitute deficiency in service. The opposite party is therefore liable under Consumer Protection Act.

            The complaint is therefore allowed and opposite party is directed to refund `1150/- to the complainant together with a cost of `1000/-.  They are also directed to give a DVD player in good working condition if the DVD player given to the complainant is  non-functioning. Time fore compliance is limited to 30 days from the date of receipt of copy of  the order.

MEMBER                                           MEMBER                                  PRESIDENT

Exts.

A1. Cash Memorandum for an amount of `1150/-

A2. Customer Relation  Centre

A3. 30-7-2012. Copy of lawyer notice.

A3. Postal acknowledgement

PW1. M.Shama Bhat.

MEMBER                                            MEMBER                                 PRESIDENT

Pj/