BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM (CAMP SITTING AT MUVATTUPUZA).
Date of filing : 23/06/2014
Date of Order : 25/10/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 484/2014
Between
E.V. Paulose, | :: | Complainant |
Edayath House, College Road, Muvattupuzha – 686 661. | | (By Adv. Tom Joseph, Court Road, Muvattupuzha – 686 661.) |
And
1. Manager, M/s. IFB Industries Limited., | :: | Opposite Parties |
Branch Office, Kadavanthra, S.A. Road, Kochi – 20. 2. Franchisee, M/s. IFB Care, Bypass Road, Muvattupuzha – 686 673. | | (Notice of the 1st op.pty has not been completed.) (Op.pty 2 absent) |
O R D E R
Sheen Jose, Member.
1. This complaint is filed by the complainant alleging deficiency in service on the part of the opposite parties in rendering service to the complainant. It is stated that the 2nd opposite party collected an excess amount of Rs. 5,000/- towards repairing charges and in spite of repeated requests, the opposite parties failed to deliver the defective parts.
2. Despite service of notice from this Forum, the 2nd opposite party opted to remain absent. Service of notice of the 1st opposite party has not been completed. No oral evidence was adduced by the complainant. Exts. A1 to A5 were marked on the side of the complainant. Heard the learned counsel for the complainant.
3. Ext. A2 would show that on 20-01-2013, the complainant paid a sum of Rs. 5,000/- to the 2nd opposite party to get his washing machine repaired. According to the complainant, time and again, he requested the 2nd opposite party to return the defective part purportedly replaced by the 2nd opposite party as per Ext. A2, to which there was no response. Thereafter, the complainant issued Ext. A5 notice to the 2nd opposite party highlighting his grievances. The same fell on a deaf ear.
4. The non-response on the part of the 2nd opposite party that too, despite receipt of Ext. A5 notice and the notice issued from this Forum speaks volumes. In that view of the matter, we are of the firm view that deficiency in service is writ large on the part of the 2nd opposite party. The complainant is legally entitled to get refund of the amount received by the 2nd opposite party as per Ext. A2 with interest. We think that the above order is enough to abate the agony of the complainant. Therefore, we refrain from awarding costs of the proceedings.
5. In the result, we allow the complaint in part and direct that the 2nd opposite party shall refund Rs. 5,000/- to the complainant with interest @ 12% p.a. from 20-09-2013 till realisation.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 25th day of October 2014.
Sd/- Sheen Jose, Member.
Sd/- A. Rajesh, President.
Sd/- V.K. Beena Kumari, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the bill dated 21-02-2012 |
“ A2 | :: | Copy of invoice cum receipt dt. 20-09-2013 |
“ A3 | :: | Copy of acknowledgment card |
“ A4 | :: | Copy of postal receipt |
“ A5 | :: | Copy of lawyer notice dt. 18-11-2013. |
Opposite party's Exhibits :: Nil
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