O R D E R
Sri.George Baby (President):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite party.
2. The case of the complainant is brief as follows:- That the opposite party is a shop under the name and style of M/s. Cool Tech Registration and the same is represented by its proprietor named Mr.Abilash Kumar. The complainant had availeda new compressor from the opposite party as payment of Rs.8,500/- (Rupees Eight Thousand Five Hundred Only) for replacing his old one. The said replacement of the compressor was on 08/06/2019. Thereafter on 13/07/2019 the complainant had paid an amount of Rs.3,200/- (Rupees Three Thousand Two Hundred Only) to the opposite party for gas filling of his refrigerator. The complainant contented that in spite of replacement of compressor and refilling of the gas, the refrigerator is not functioning. Subsequently the complainant had issued a legal notice to the opposite party on 05/08/2019 and the same was properlyacknowledged by the opposite party. But the opposite party neither refunds the amount nor cured the defects of the refrigerator. According to the complainant it is a clear deficiency in service and unfair trade practice of the opposite party. Hence for getting the reliefs the complainant approached this Forum.
3. This Forum entertained the complaint and issued notice to the opposite party for his appearance. But the opposite party has not appeared or contests the matter.
4. On the basis of pleadings and available records before us we framed the following issues for determination.
- Whetherthe complaint is allowable?
- Whether the complainant is entitled to get compensation and cost?
5.In order to prove the case of the complaint, he had filed proof affidavit in lieu of his chief examination and the content of the chief affidavit is more or less in tune with the complaint.The complainant had examined as PW1 and through PW1. Exhibit A1 to A5 were marked.Exhibit A1 is the bill dated 08/06/2019 in the name of the complaint issued by the opposite party.Exhibit A2 is the bill dated 13/07/2019 for Rs. 3,200/- issued by the opposite party in the name of complainant.Exhibit A3 is the office copy of the lawyers’ notice dated 05/08/2019 to the opposite party.Exhibit A4 is the postal receipts dated 05/08/2019 and Exhibit A5 is the acknowledgment card dated 06/08/2019.The opposite party remained ex parte.After the closure of evidence we heard the complainant.
6. Point No.1 &2:-For the sake of convenience and brevity we would consider Point No. 1 & 2 together. The complaint’s specific case is that in order to replace the compressor of his refrigerator the complainant had paid Rs.8,500/- to the opposite party on 08/06/2019 and accordingly the compressor had been replaced by the opposite party. Subsequent to that on 13/07/2019 the complaint had paid an amount of Rs.3,200/- to the opposite party as a charge of gas filling. Thus the complainant had paid an amount of Rs.11,700/- (Rupees Eleven Thousand Seven Hundred Only) to the opposite party and that is proved though Exhibit A1 and A2. From Exhibit A1 it is clear that the complainant had paid Rs.500/- as advance and in Exhibit A1 it is noted that the balance amount to be paid in Rs.8,000/-. At the time of argument the learned counsel for the complainant submitted that the entire amount i.e., Rs.8,500/- has already been paid to the opposite party on the basis of Exhibit A1. There is nothing to disbelieve the said contention of the complainant, especially compressor has replaced with a new one and more over in the subsequent bill dated 13/07/2019 no previous dues was mentioned by the opposite party. If the complainant in anyway interested to any amount on the basis of Exhibit A1 definitely it would find a place in subsequent Exhibit A2 bill. In the said circumstances we can easily inferred that the complainant had paid entire of Rs.8,500/- to the opposite party on the basis of Exhibit A1. The complainant’s contention is that even though the compressor had replaced and its gas was properly refilled the refrigerator has not been functioning. The complainant had sent legal notice to the opposite party narrating all these aspects. From Exhibit A5 it is crystal clear that the opposite party had accepted Exhibit A3 legal notice dated 05/08/2019. Form the available records we can easily inferred that the complainant has prove his case successfully and complainant has seek all the measures to settle his grievances amicably, but the opposite party has not acted positively at least after the acceptance of Exhibit A3 legal notice. The opposite party had not spent a moment for considering the grievance of the complainant. Over all evaluation of evidence and records it is clear that the opposite party had committed deficiency in service towards the complainant. Nothing has been brought out in evidence to disprove the contentions of the complainant. The complainant’s case stands unchallenged and hence we found both points are in favour of the complainant.
7. In the result we pass the following order.
1. The opposite party is directed to pay an amount of Rs.11,700/-
(Rupees Eleven Thousand Seven Hundred Only) to the
complainant with 10% interest from the date of order onwards.
2. The opposite party is directed to pay a compensation of
Rs.5,000/- (Rupees Five Thousand Only) to the complainant for
his mental agony and sufferings and cost of Rs.3,000/- (Rupees
Three Thousand Only) to the complainant with 10% interestfrom
the date of order onwards.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 5stday of December, 2019.
(Sd/-)
George Baby,
(President)
Smt. N. ShajithaBeevi (Member) : (Sd/-)
Sri.NishadThankappan (Member II) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1:Byju.M.Mathew
Exhibits marked on the side of the complainant:
A1:bill dated 08/06/2019 in the name of the complaint issued by the opposite
party.
A2:bill dated 13/07/2019 for Rs. 3,200/- issued by the opposite party in the
name of complainant.
A3: office copy of the lawyers’ notice dated 05/08/2019 to the opposite party.
A4: postal receipts dated 05/08/2019 and Exhibit A5 is the acknowledgment
card dated 06/08/2019.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:-
(1) Byju.M.Mathew,
NanaveetilPuthenParambil,
KozhencherryEast.P.O., Pathanamthitta – 686 641.
(2)Mr.Abhilash,
M/s. Cool Tech Refrigeration,
Central Tower Cross Junction,Thiruvalla
(3) The Stock File.
