7.11.07<br /> Sri.K.Gopalan, President<br /> <br /> <br /> This is a complaint filed under section 12 of Consumer Protection Act for an order directing the opposite parties to refund Rs.20, 500/- the cost of inverter and to pay Rs25, 000/- as compensation with cost and interest.<br /> The facts of the case in brief are as follows: - The complainant purchased EPG 1450 model Digital inverter from 1st opposite party as per the bill dated 23.2.2005 for an amount of Rs.20, 500/-. 2nd opposite party is the manufacturer. Despite the assurance given by the 1st opposite party the system has shown serious problems even before the completion of one year. The complainant approached 1st opposite party several occasions but he was not bothered to give proper services so as to redress the grievances of the complainant. The inverter went out of order but opposite party never turned up for service. The complainant understands that the system is beyond repair and that is the reason why 1st opposite party has not turning up even after repeated reminders. The complainant purchased the inverter with a view to avoid the inconvenience, which will be caused in the event of power failure. But the system went out of order on all occasions and it caused serious inconveniences to the complainant. Since he could not use the inverter the children of the complainant during examination time had to face serious difficulties. Though complainant intimated all these facts to the 1st opposite party he has not taken any interest to rectify the defects. So the complainant sent a lawyer notice to the opposite parties and the opposite parties received the notice. But they did not reply and no steps had taken to rectify the defects. Complainant is entitled to get back the cost of the inverter and Rs.25, 000/- as compensation for the inconveniences caused to the complainant. Hence this complaint.<br /> After receiving the complaint Forum issued notices to all parties. 1st and 2nd opposite parties did not appear though notices were repeated. Sufficient service was ordered and published in Indian Express for the appearance of the opposite parties. But opposite parties were neither made appearance nor filed version. Subsequently the 1st and 2nd opposite parties were declared exparte. There after complainant filed affidavit and produced documents. Exts. A1 to A4 marked.<br /> Whether there is any deficiency on the part of the opposite parties is the main question to be considered. Ext.A1 and A2 prove that the complainant has purchased a Birla Power Solutions Ltd’s new Electronic Power Generator (EPG). Complainant adduced evidence that the inverter has shown serious defaults even before the expiry of one year. Complainant has stated that the 1st opposite party has not bothered to give proper service so as to redress the grievances of the complainant. Complainant repeatedly approached the opposite party but opposite parties did not turn up to rectify the defects. Ext.A1 is the warranty. Warranty card ensures highest standard of quality, workmanship and material. It is warranted against manufacturing defects for 24 months from date of purchase. It is also warranted that any part found defective by reason of faulty workmanship or defective material will be repaired or replaced free of cost by service station.<br /> Complainant adduced evidence in tune with the pleadings. 1st and 2nd opposite parties did not turn up hence declared exparte. There is no reason to disbelieve the evidences of the complainant. The opposite parties have liability to replace the inverter since it has become defective within one year. The evidence shows that the inverter became repeatedly defective. Ext.A2 is the legal notice sent by the complainant to opposite parties. Ext.A3 proves that it was received by opposite parties. But the opposite parties sent no reply. Since the opposite parties have not taken interest to rectify the defects complainant could not make use of the inverter. Non-reply of legal notice is an indication of deficiencies on the part of the opposite parties. Non reply of legal notice, non appearance before the Forum, non filing of version and not adducing oral or documentary evidences are all proves the deficiencies of service on the part of the opposite parties. Complainant adduced evidences and produced documents Ext.A1 to A4. Ext.A1 is the warranty card proves both purchase and warranty. Ext/. A2 and A3 prove that the opposite parties were aware of the default condition of the inverter. Ext.A4 publication makes it assure that the opposite parties are properly served.<br /> Under the circumstances discussed above we are of opinion that there is deficiency on the part of opposite parties and hence opposite parties are liable to replace or to pay the cost of inverter Rs.20,500/- together with Rs.250/- as cost of this proceedings. We order accordingly<br /> . In the result, the complaint is allowed directing the opposite parties to replace the inverter or to pay the price of defective inverter Rs.20, 500/- (Rupees Twenty thousand and Five hundred only) together with Rs.250/-(Rupees Two hundred and fifty only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite parties under the provisions of the consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Warranty card issued by OP<br /> A2.Copy of the lawyer notice sent to Ops dt.6.3.07<br /> A3.Postal receipts.<br /> A4.Paper publication in New Indian Express dt.26.9.08<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for either side; Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> Despatched on<br /> Through post/hand<br />