By. Sri. Jose. V. Thannikode, President:-
The complaint is filed against the opposite party to substitute the new weighing scale with the old one or to refund the value of the weighing scale and compensations.
2. Brief of the complaint:- The complainant ordered a “Eagle” company's weighing scale from the opposite party. But on 10.04.2011 the opposite party delivered a “Delta” company's scale for Rs.6,500/- and it was functioned for one year and there after it was not functioning. So the complainant approached the opposite party to repair the scale. But the opposite party demanded Rs.1,500/- for repairs. The complainant could not gave the charges because the opposite party have supplied the low quality scale to the complainant instead of “Eagle” scale. Hence the complainant says that there was deficiency of service from the part of the opposite party and requested to direct the opposite party to substitute the weighing scale with “Eagle” weighing scale and to pay interest and compensation.
3. The complaint is filed on 28.01.2013. Notice were served to opposite party on 02.02.2013. On 16.02.2013 Adv. Eby Cheriyan proposed Vakalath. There after no vakalath and version filed from the side of the opposite party and next hearing date on 02.04.2013 no representation also from the side of the opposite party. Hence on 02.04.2013 opposite party is set ex-parte and proceeded with the case.
4. On considering the complaint, affidavit and documents produced by the complainant the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- To prove the complainant's case he has filed his proof affidavit and Exts.A1 to A3 were marked. In the proof affidavit he stated as stated in the complaint. Ext.A1 is the carbon copy of the Order Form of weighing scale, which shows that the complainant orderd the 30 kg “Eagle” Electronics weighing scale for Rs.4,000/-. Ext.A2 is the Retail Invoice Cash/Credit, which shows the date 10.04.2011 and the Name of the purchaser is K. P. Rajendran and grand total is Rs.2,703/-. Ext.A3 is the Bill dated 13.03.2013 of Malabar Scales Customer Name is Rajendran for Rs.800/-. On perusing the complaint, Affidavit and Exhibits it is found that the complainant ordered a “Eagle” weighing scale for Rs.4,000/- and the opposite party delivered a Delta Electronic weighing machine for Rs.2,703/- after receiving Rs.4,000/- and the opposite party has not repaired the scale when it became complaint. That is the deficiency of service from the part of the opposite party and Point No.1 is found accordingly.
6. Point No.2:- The complainant is entitled to get the “Eagle” weighing scale or Rs.4,000/-. He is also entitled to get Rs.1,000/- as cost and compensation. When opposite party is complying the Order of this Forum the opposite party can take back the old “Delta” weighing scale. Point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite party is directed to supply the “Eagle” Electronics weighing scale or Rs.4,000/- (Rupees Four Thousand) only to the complainant as cost of the weighing scale and Rs.1,000/- (Rupees One Thousand) only as cost and compensation. When the opposite party is complying the Order of this Forum, the opposite party can obtain the old “Delta” weighing scale from the complainant. This Order is to be complied by the opposite party within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the 30th day of April 2013.
Date of Filing:28.01.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Carbon copy of Order Form.
A2. Copy of Retail Invoice. Dt:10.04.2011.
A3. Cash Bill. Dt:13.03.2013.
Exhibits for the Opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
