By G. Yadunadhan, President:

            The case of the complainant is that he had executed an agreement between the opposite party on 14.8.2003, for purchasing a Modixrox Photostat machine (old) for a consideration of Rs.55,000/- and paid up the full consideration.  As per the agreement, after expiry of 6 month’s warranty period, contract shall come into effect and opposite party would provide service, repair and replacement of all parts of the machine at the cost of opposite party.  After installation of the Photostat machine, it has been under repair continuously for one defect or another.  On 30.9.2006, complainant sent a registered notice to the opposite party requesting to return the purchase money.  Due to the act of the opposite party, complainant caused irrepairable injury, mental pain and heavy loss of finance.  Opposite party is liable to take back the dead machine and to return the purchase amount of Rs.55,000/- with interest and cost.

            Opposite party after serving notice, called absent and set exparte. 

            Complainant was examined as PW1. Complainant filed affidavit and Exts. A1 to A4 were marked.  From the affidavit and Exts. A1 to A4, complainant’s case is proved. 

            Even though complainant seeking relief of Rs.55,000/- from the opposite party as per terms of the agreement, Forum finds that complainant is entitled for getting half of the purchase money.

            In the result, petition is partly allowed and the opposite party is directed to repay half of the purchase amount and also to pay a compensation of Rs.1000/- to the complainant.  No order as to cost.

            Pronounced in open Court this the 29^th day of December 2008.

                                    Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Photocopy of the agreement executed by complainant & opposite party.

A2            Photocopy of machine log book.

A3            Photocopy of letter dated 30.9.2006.

A4            Photocopy of postal acknowledgement.

Documents exhibited for the Opposite party:

Nil.

Witness examined for the complainant:

PW1            Thrivikraman Namboodiri, S/o. Late Thrivikraman Namboodiri – complainant.

Witness examined for the Opposite party

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.