By G. Yadunadhan, President:

            The case of the complainant is that on 11.1.2007 he had purchased Actia speed Governor from the 2^nd opposite party through 3^rd opposite party for Rs.15500/-.  As per the warranty issued by the opposite party No.1, the terms of warranty disclose that warranty is for one year or up to 50,000 kms. whichever is earlier.  After installation of the said instrument it was defective before reaching 30,000 kms.  This was intimated to opposite parties 2 and 3, but they failed to rectify the defects.  Hence the complainant is seeking relief against the opposite parties to rectify the instrument and also to pay a compensation of Rs.3000/-.

            After serving notice, opposite party No.1 called absent and set exparte.  Notice sent to opposite parties 2 and 3 were returned and complainant taken substitute service against opposite parties 2 and 3 through paper publication.  Paper publication produced as per I.A.156/08.  On 28.1.2009, opposite parties 2 and 3 called absent and set exparte. 

            Complainant filed affidavit and Ext. A1 to A4 were marked.  From the affidavit and Exts. A1 to A4, complainant’s case is provided. 

            In the result petition is allowed and the opposite parties 1 to 3 are directed to pay a compensation of Rs.5, 000/- and an amount of Rs.540/- towards the paper publication charge with a cost of Rs.500/- to the complainant.

            Pronounced in open Court this the 30^th day of January 2009.

                        Sd/-President                                                          Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Warranty certificate.

A2        Tax Invoice No.2173 dated 23.12.2006.

A3            Photocopy of lawyer notice dated 5.6.2007 issued to Opposite parties.

A4        Postal Receipts and Acknowledgement cards.

Documents exhibited for the opposite parties:

Nil.

Witness examined for the complainant:

PW1            Sasidharabn, S/o. T. Appu Nair, Cheruvakkade House, Cheliya, Koyilandy.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/- president

(Forwarded/y Order)

Senior Superintendent.