Date of filing : 10-04-2013
Date of order : 30-09-2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.124/2013
Dated this, the 30th day of September 2013
PRESENT
SMT.P.RAMADEVI : PRESIDENT
SMT. K.G.BEENA : MEMBER
Kodi Muneer, S/o. Kuhammed, : Complainant
R/at Marzanas, 1st cross ITIRoad,
BC.Road, Vidydnagar.Po. Kasaragod.
(In Person)
1. Marketing Manager, Stovekraft Pvt.Ltd, : Opposite parties
# 81/1, Medamaranahjalli, Harohalli Hobli,
Kanakapura Taluk, Ramanagara Dist. 562112.
(Exparte)
2. Proprietor, Alision Sales, Ware Housing Complex,
KPR Road, Kasaragod. 671 121.
O R D E R
SMT.K.G.BEENA, MEMBER
This complaint is filed by Kodi Muneer. He is now working in gulf so he authorized Sri. Haris Schemnad to conduct the case. The brief facts of the case is that the complainant had purchased a Gilma Geyser having capacity of 15 Litre on 9-4-2012 from opposite party No.2 which was marketed by opposite party No.1. the same was fitted by men of opposite party No.1 during October 2012 the geyser fell down and caused breakage flooring tiles and bath room washing tray shower and tap. The opposite parties technician fitted it again, informing that there is no chance of falling it down again. The geyser again fell down on 18-02-2013 causing breakage to flooring tiles, bath room washing tray, shower and tap again. Because of the lethargic acts and the defects in the goods supplied to the complainant, he has sustained heavy loss. Complainant has contacted the opposite party to set right the things and loss sustained by the complainant. Opposite party evaded by expressing lame excuses. Complainant could not use the geyser and thereby suffered great mental tension. The complainant caused a registered lawyer notice on 5-3-2013 to opposite party to calling upon opposite party to pay compensation and take back the geyser.
2. Opposite party No.1 served notice on 26-05-2013 but not appeared before the Forum. Name of opposite party No.1 called absent and set exparte.
3. Opposite party No.2 filed version admits the sale of geyser to the complainant. Opposite party No.2 further states that they are only dealer and did not fitted the same in complainant’s house. Moreover, the quality of Gilma geysers are certified by India Government and it is a branded product having high demand all over India. The Brocher of the Gilma geyser is also enclosed with the version.
4. Complainant filed proof affidavit and documents in support of his case. Exts A1 to A6 marked. Heard the complainant.
5. Ext.A1 is the invoice issued by opposite party No.2 to the complainant on purchase of a Gilma 15 Wt geyser on 9-04-2012 for Rs.4500/-. Ext.A2 is the instruction manual and warranty card. Ext.A3 is the calculation given by the technician. Ext.A4 is the lawyer notice dated 05-03-2013 to opposite parties 1 & 2. While perusing the documents we are of the view that the case of the complainant may be true. Opposite party No.2 filed version but thereafter he did not appeared before the Forum. It shows the irresponsible attitude of opposite party No.2 towards the complaint against him. Exts A1 and A2 are clear proof to show that opposite party No.2 was the dealer of the Gilma geyser.
So the complaint is partly allowed and opposite party No.2 is directed to refund the value of gilma geyser Rs.4500/- with Rs.3000/- as cost within 30 days from the date of receipt of copy of this order. Failing which Rs.4500/- will carry interest at the rate of 9% per annum.
MEMBER PRESIDENT
Exts.
A1. 9-4-2012 Bill issued by OP NO.2 to complainant for an amount of Rs.4500/-.
A2. Instruction manual & Warranty Card
A3.Calculation given by technician.
A4. 5-3-2013 copy of lawyer notice.
A5& A6. Postal acknowledgment cards.
MEMBER PRESI
