ORDER

By Smt. PREETHI SIVARAMAN.C, MEMBER  (President In-Charge)

                   Case of the complaint is that on 24-08-2018 complainant had purchased a Mixer-grinder of Easy cook  brand worth Rs.6,450/-(Rupees Six thousand four hundred and fifty only) from opposite party shop at Changuvetty, Kottakkal. In their advertisement opposite party assured that the Jar of the Mixer-grinder is unbreakable.  By believing these advertisement and assurance of opposite party, complainant had purchased this mixie costly.  More over as per Ext.A2 opposite party had given a picture that even hard stones  can grind in this unbreakable jar but it will not break.  But on the next  February complainant had put  goose berries in the Jar and grind it,  then the unbreakable jar got damaged  and  having breaks in the jar.  But opposite party is not ready to replace the mixie or even the jar because there is no warranty for jar. Hence this complaint.  Claim of the complainant is that opposite party is liable to pay compensation at the rate of Rs.5000/- (Rupees five thousand only) and another Rs. 5000/-(Rupees Five thousand only) for monetary loss.

             Notice sent from this Forum through speed post to opposite party and notice served on them and they did not turn up .  Hence opposite party was  set exparte.

             In order to substantiate  the case of the complainant,  he filed an affidavit   in lieu  of Chief examination and the documents  he produced  were marked  as Ext. A1 and A2   Ext.A1  is the copy of the Bill given by opposite party to complainant , Ext. A2  is the copy of  colour photographs of  opposite party’s advertisement regarding this Mixer grinder  .      

             The allegations against opposite party  is proved by the unchallenged  evidence  of complainant.  Hence we allow this complaint holding that opposite party is deficient in service.

           Therefore we direct the opposite party to pay Rs. 6450/- (Rupees Six thousand four hundred and fifty only) to complainant as the cost of the  Mixie  and Rs. 1000/-(Rupees One thousand only) for the mental agony and hardship suffered by him by the act  of the  opposite  party and Rs. 1000/-(Rupees One thousand only) as compensation  for the deficiency  in service of opposite party  and financial loss  sustained  by complainant and Rs. 1000/-(Rupees One thousand only) as cost.  The order shall be complied within one month from the date of receipt of copy of this order.

          If the above said  amount  is not paid  to the complainant within  30 days  from the date of receipt  of copy  of  this order, the opposite party is  liable to pay  the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy  of this  order till realisation.