CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Smt. Bindhu M.Thomas, Presidient(I/C)
Sri. K.N. Radhakrishnan, Member
CC No 143/12
Thursday the 27th day of September,2012
Petitioner : Dr.Ajaykumar.B,
Geetha Bhavan,
Kollad PO, Kottayam.
(Adv. G.Jayasankar)
Vs.
Opposite party : The Manager,
Omega Enterprises,
Monastry Road,
Karikkamuri South,
Cochi.
2) Manager,
Omega Enterprises,
Kandathil Building,
Nagambadam, Kottayam.
ORDER
Smt. Bindhu M.Thomas, Presidient(I/C)
Complaint filed by complainant on 19/4/12 is as follows.
The complainant purchased the Chapati Maker of price 1750/- from the opposite parties on 13/4/2011. The opposite parties have given a warranty card, which promises a warranty of one year for the said chapati maker. The chapati maker became non functioning within three months of its purchase. The opposite parties were not ready to repair or to redress his grievance as promised in the warranty card. The complainant demanded the repairing of the chapati maker directly and through notice. But they had not done anything in this regard and hence the complainant filed this complaint alleging deficiency in service and claimed refund of Rs.1750/- along with 12% interest and litigation cost of Rs.5000/-
Notice was sent to the opposite parties but it returned with endorsement “intimated locked”. Hence the opposite party was set exparte.
Points for considerations are:
i) Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
ii) Reliefs and costs?
Evidence consists of exparte affidavit filed by the complainant and documents Ext.A1 to A3.
Point no.1
Heard the counsel for the complainant and perused the documents placed on record. The complainant averred that he purchased a chapati maker from the opposite parties on 13/4/11 for Rs.1750/-. Evidencing the said purchase the complainant produced original order form and it is marked as Ext.A1. From Ext.A1 it is understood that the price of chapati maker is Rs.2150/-. It is also evident from Ext.A1 that the complainant has given an advance of Rs.200/- and the opposite parties have given a special discount of Rs.400/- and the complainant paid Rs.1750/- in total for the said chapati maker. The complainant further averred that the chapati maker is having one year warranty. Evidencing the said averment the complainant produced the original warranty card and it is marked as Ext.A2. The complainant next averred that the chapati maker became non functioning within three months of its purchase. As the opposite parties chose not to contest the averments and allegations of the complainant against the opposite parties remain unchallenged. From the evidence placed on record we feel that the opposite parties are deficient in their service. Point no.1 is found accordingly.
Point No.2
In view of the findings in point no.1 the complaint is allowed.
The first and second opposite parties will jointly and severally refund Rs.1750/- to the complainant along with a litigation cost of Rs.1000/-. On complying the order the opposite parties can take back the defective chapati maker.
This order will be complied with within one month of the receipt of the copy of the order, failing which the awarded sums will carry interest @ 10% per annum from the date of order till payment.
Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 27th day of September 2012
Smt. Bindhu M.Thomas, Presidient(I/C) Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
Appendix
Documents of the petitioner
Ext.A1-Original order from
Ext.A2-Original warranty card
Ext.A3-Notice returned with endorsement not known.
By Order,
Senior Superintendent.
