BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 13/01/2012
Date of Order : 30/04/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 22/2012
Between
Johny, S/o. George, | :: | Complainant |
Adappoor (H), Hostel Junction, Muvattupuzha – 686 661. |
| (By Adv. Tom Joseph, Court Road, Muvattupuzha – 686 661) |
And
M/s. ATS Agencies, | :: | Opposite Party |
Girinagar, Kadavanthra, Kochi – 682 020. |
| (Ex-parte) |
O R D E R
Paul Gomez, Member.
1. The factual matrix of the complaint :
The allegation raised in the complaint is against MIST FAN purchased by the complainant from the opposite party's shop. The product was covered by five years warranty. The purchase was made on 1712-2010. The fan became defunct since four months. When the matter was brought to the notice directly and through lawyer notice, no positive response was forthcoming from their side. Hence this complaint demanding various reliefs.
2. Despite service of notice, the opposite party preferred to remain in absentia. The complainant filed proof affidavit. Exts. A1 to A3 filed on his side. No evidence for the opposite party. Heard the complainant.
3. The following points emerge for determination :-
Whether the product under dispute is defective?
What are the reliefs, if allowable?
4. Point No. i. :- The complainant purchased a Mist Fan with certain specifications from the opposite party shop on 17-12-2010, which was under protection of guarantee for five years. The Mist fan went out of order within a short span of time. It is claimed that the product has been covered by warranty for five years. When the matter of defective functioning was brought to the notice of the opposite party, there was no positive response from the opposite party.
5. The crux of the complaint is that the product under dispute went out of order in a short while from the date of purchase. Ext. A3 lawyer notice was not received with due respect, it deserved by the opposite party. This attitude is corroborated by their approach to the notice issued from this Forum. Therefore, it can be safely presumed that whatever averred by the complainant are true. In that view, we uphold the contentions of the complainant without any hesitation.
6. Point No. ii. :- It is demanded by the complainant that the price of the product must be refunded by the opposite party. We think the demand cannot be overlooked lightly in view of the fact that the conduct of the opposite party has not at all been encouraging in this transaction. Hence we allow the prayer of refund of the price along with interest. In that background, we refrain from allowing any compensation. Anyhow, the opposite party will pay costs of the proceedings.
7. To conclude, the complaint stands allowed as follows :
The opposite party shall refund the price of the Mist Fan along with interest @ 9% from the date of purchase till realisation.
The opposite party shall pay Rs. 1,000/- as costs of the proceedings.
The complainant shall return the defective fan to the opposite party as and when the aforesaid sums are paid.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 30th day of April 2012.
Sd/- Paul Gomez, Member. Sd/- A. Rajesh, President.
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of warranty certificate |
“ A2 | :: | Copy of the Warranty card |
“ A3 | :: | Copy of the lawyer notice dt. 29-10-2011 |
Opposite party's Exhibits :: Nil
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