IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 30th day of April , 2012
Filed on 14/2/2012
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
C.C.No.45/2012
Between
Complainant :- | Opposite party |
Sri. R.Gopinathan Pilla, Sree Bhavan, Keezhcherimmel, Chenganoor P.O, Pin. 689121 | Manager,Vikas Times, Market Road,Chenganoor P.O, Pin- 689121 |
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainant case precisely is as follows:- The complainant on 30th December 2011 purchased a 'land phone receiver unit' for an amount of Rs.1000/-( One thousand only ) from the opposite party. The complainant purchased the said instrument on the allurement and the assurance of the opposite party. When the so purchased article was put to use, the complainant noticed that the same was not functioning. The complainant the very next day took the article to the opposite party. The opposite party found fault with the line of the phone connection. With the result, the telephone line was examined by the BSL authorities only to see that the mistake was not with the line but with the telephone unit. The complainant again took the phone to the oppositc party's premise. The opposite party caused to test the phone set in another shop. The instrument was tested negative and the opposite party yet again was reluctant to replace the same. What is more, the opposite party and one of his staffs ridiculed the complainant after obtained the phone set from the complainant. The opposite party impressed upon the complainant that the phone set would be handed back at some point of time in indefinite future. The complainant was caused to walk all along to the opposite party several times for the last three months only to learn that the phone set was not yet ready. The service of the opposite party is deficient. The opposite party inflicted mental agony to the complainant.
2. Notwithstanding the notice being served the opposite party did not turn up to challenge the complainant's case. Resultantly, the opposite party was set ex-parte.
3. The complainant’s evidence consists or the testimony of the complainant and the document Exbt A I was marked.
4. Holding the complainant's contentions in view, the questions that crop up for consideration are:-
(a) Whether the telephone set the complainant purchased from the opposite party was imperfect?
(b) Whether the complainant is entitled to ,my relief
5. The complainant's specific case is that the complainant had purchased a telephone unit from the opposite party. The complainant realized that the same was defective. The complainant took the said article to the opposite party very next day. The opposite party told the complainant that the phone was perfect but the line of complainant phone connection was out of order. The complainant caused the phone connection inspected with the BSNL officials. It was come out that the mistake was not with the line, but with the equipment. The complainant once again visited the opposite party's shop and impressed upon the opposite party as to the imperfection of the phone unit. The opposite party and his staff harassed the complainant. Bearing in mind the complainant's contention alive in mind, we anxiously perused the available materials placed on record by the parties. The Exbt A I document evinces that the complainant has purchased the phone from the opposite party. As we have already observed the opposite party was reluctant to turn up before this Forum or contend the complainant's probable case which has been more furthered by the proof affidavit and Exbt AI warranty card. We have no hesitation to hold that the complainant case stands well-substantiated. We need hardly say, the complainant is entitled to relief.
6. In the wake of what have been elaborated supra, the opposite party is directed to pay an amount of Rs.I000/-( Rupees one thousand only ) to the complainant the cost of the material object in the case. The opposite party is further directed to pay to the complainant an amount of Rs.1000/-( Rupees one thousand only ) as compensation Rs.500/-(Rupees five hundred only ) as cost. The opposite party shall comply with the ordcr of this court within 30 days of receipt of this order.
In the result, the complaint is allowed accordingly.
Pronounced in open Forum on this the 30th day of April , 2012.
Sd/- Sri. Jimmy Korah
Sd/- Sri. K. Anirudhan
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - Users Manual
Evidence of the Opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- sh/-
Compared by:-
