BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.131/2017

DATED ON THIS THE 21^st July 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to opposite party to refund the collected amount i.e. Rs.4,200/- by taking back the defective spares.
2.     The brief facts alleged in the complaint are that the opposite party is a dealer in automobile spare parts of cars.  In the month of March 2017, the complainant had ordered two spare parts to his Ambassador car and the opposite party after collecting Rs.4,200/- online, he has send the spare parts through courier.  After inspection of spares parts, the mechanic who has attended the car repair told that the spare supplied by the opposite party does not suit.  Thereby, those spares are defective.  Immediately complainant contacted the opposite party and requested to exchange the spares or to refund the amount paid.  Since there is no proper reply, a registered notice issued on 01.04.2017 with a request to replace the defective spares or to refund the amount though the notice was served, there was no response.  Hence, this complaint is filed.
3.     After registering the complaint, notice was issued to the opposite party.  In spite of service of notice, opposite party not appeared and placed exparte.  Then this matter is set down for evidence.
4.     During evidence, complainant’s GPA holder has filed affidavit and relied on documents. Further evidence closed.  After hearing arguments, this matter is set down for orders. 
5.     The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency in service on the part of opposite party in supplying the defective faulty spares parts and in not refunding the amount for such spare parts, thereby complainant is entitled for the reliefs?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- During evidence, complainant’s GPA holder has filed affidavit evidence stating that averments made in the complaint to be taken as evidence on behalf of complainant and he has further stated that allegations are genuine and the documents are genuine and authenticated and sought for the reliefs. Apart from his oral evidence, the complainant has placed the GPA executed by the complainant Pradeep in his favour and the invoice issued by opposite party dated 14.03.2017 relating to 2 spares worth of Rs.3,800/- + tax totally Rs.4,200/-.  The said amount was sent to the opposite party by RTGS that has been noted on the tax invoice issued by opposite party.  Another document is notice issued to opposite party on 01.04.2017 calling upon to opposite party to change the spare or refund the amount.  In spite of it, there is no response from the opposite party.  Thereby, the opposite party has committed deficiency of service in not repairing the defective spares supplied to the complainant or in not refunding the amount paid by the complainant.  Thereby, the opposite party is liable to answer the claim in question. Hence, the point No.1 is answered partly in the affirmative.  
8.    Point No.2:- In view of the findings recorded on point No.1, opposite party is liable to refund Rs.4,200/- with interest at 18% p.a. from the date of complaint i.e. 02.05.2017 till payment.  The opposite party is liable to pay compensation of Rs.1,000/- with litigation expenses of Rs.1,000/- to the complainant.  Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to refund Rs.4,200/- with interest at 18% p.a from the date of complaint i.e. 02.05.2017 till payment.
3. The opposite party is hereby directed to pay compensation of Rs.1,000/- and litigation expenses of Rs.1,000/- to the complainant within 60 days from the date of this order. Failing which the said total sum of Rs.2,000/- shall carry interest at the rate of 12% p.a. from the date of this complaint i.e. 02.05.2017 till compliance is made.
4. In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 21^st July 2017)