Date of filing : 14-06-2011
Date of order : 27-08-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 136/2011
Dated this, the 27th day of August 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
M. Janardhanan Nair, } Complainant
Managing Director,
Karunya Nursing Home,
Panathady.Po, Kasaragod.Dt.
(Adv.C.Damodaran, Kasaragod)
1. Santhosh, Manager, } Opposite parties
Speed Motors, Orchid Towers,
North Kottacherry, Kanhangad. 671315.
(Exparte)
2. M/s. Birla Power Solutions Ltd,
901, Bhikaji Cama Bhavan,
II Bhikaji Cama Place, New Delhi. 110 066.
O R D E R
SMT. K.G.BEENA, MEMBER Bereft of unnecessaries the case of the complainant Sri. Janardhanan Nair who is the Managing Director of Karunya Nursing Home, Balanthode is that he purchased one Birla Ecogen Portable S.K.V. Diesel Generator from opposite party by paying `1,55,800/- to ensure prompt power supply to this hospital. Service Mannual and guarantee card were not supplied, though promised to give. Moreover, opposite party No.1 has issued a catalogue said to be the catalogue of the generator supplied to the complainant. But it was not relating to the Generator supplied to him. On the first month itself the generator developed an abnormal sound while starting and stopping. This defect was informed to opposite partyNo.1 and a junior staff came and convinced about the defect but he could not rectify it. Opposite party No.1 went on making promise to repair. On 5-6-11 the power supply completely stopped ceasing the functioning of the hospital. Hence the complaint for necessary redressal.
2. Eventhough notices were sent to opposite parties by registered post with AD. Notice to opposite party No.1 returned as unclaimed and had to be set exparte. Complainant filed a memo stating that he is not intending to proceed against opposite party No.2.
3. Complainant filed affidavit in lieu of chief examination and Exts A1 to A5 marked. Heard the counsel of the complainant perused the documents. Ext.A1 is the order form dated 5-1-2011. Ext.A2 is the catalogue. Ext.A3 is the copy of the E-mail communication. Ext.A4 is the reply copy. Copy of the catalogue is Ext.A5.
4. Supplying a Generator with the Warranty Manual of another brand generator itself is an unfair trade practice and gross negligence on the part of opposite party No.1, when it is supplied to a hospital the gravity of negligence increases. The act of the opposite parties might have caused mental agony not only to the complainant but to the patient in that area as well as there are no other hospitals nearby. A generator became defective within a short span of days of supply shows that the same has got some inherent manufacturing defects. Moreover, service manual and guarantee card was not given to the complainant. A catalogue of another company’s generator not relating to the generator was supplied to the complainant shows the graveness of unfair trade practice followed by opposite parties. Eventhough he has assured 3 free services during the first 100 hours, it was not provided even after repeated requests.
5. Hence we are of the view that the attitude of opposite party No.1, the trade practice followed by them cannot be encouraged. The monetary loss and mental agony suffered by the complainant has to be compensated.
In the result the complaint is allowed. Opposite party No.1 is directed to replace the defective generator with a new one or refund the value of the generator i.e. `1,55,800/- with a cost of `3000/- within one month from the date of receipt of this order. Failing which opposite parties shall further liable to pay interest @9% for `1,55,800/- from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.22-01-2010 copy of order form.
A2.copy of catalogue.
A3. copy of E-mail dt. 8-6-2011.
A4. 8-6-2011 reply
A5. Catelogue of complainant’s generator down loaded by the complainant.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by order
SENIOR SUPERINTENDENT
Pj/
Date of filing : 16-07-2010
Date of order : 26 -08-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 163/2010
Dated this, the 26th day of August 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
K.M. Salih, } Complainant
S/o. Mammunhi,
Zainaba Manzil,
Bekalkunnil, Po. Bekal,
Kasaragod.Dt.
(Adv. Smt. Naseema.E.K, Kanhangad)
1. M/s. Indus Motor Co. Pvt. Ltd, Indus House, } Opposite parties
Post.Box No.923, West Hill, Kozhikode.
2. Manager, Indus Motor Co. Pvt.Ltd,
Kanhangad Branch, Hosdurg, Po.Kanhangad.
(Advs.P.K.Aboobacker & Subash Bozz..VM, Kasaragod)
O R D E R
Complainant absent. No representation. Opposite party represented. Name of complainant called absent. Complaint dismissed for default.
MEMBER MEMBER PRESIDENT.
Pj/
