D.O.F. 03.10.2012
D.O.O. 21.11.2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman K. : Member
Sri. Babu Sebastian : Member
Dated this the 21st day of November, 2013.
C.C.No.308/2012
T.C. Aravindakshan,
‘Thushara’, : Complainant
Opp. Sadhoo Company
Kannur – 670 006
Mixy House,
CAN Complex
Lissie Junction, : Opposite Party
Cochin – 682 018
(Rep. by Adv. K. Rajesh Kannan)
O R D E R
Sri. Babu Sebastian, Member
This is a complaint filed under Section 12 of Consumer Protection
Act for an order directing the opposite parties to pay Rs.825 as a cost of the equipment ‘Electric Shaver’ and also to pay Rs.10,000 as cost incurred by the complainant.
As per the averments in the complaint, the complainant has purchased a ‘Braun Cruzer 3 Z 50 model Electric Shaver from one duty paid shop at Kannur for Rs.825. The complainant used the above machine for one and a half months. After that it started showing trouble and not working properly. Thereafter complainant sent the damaged machine to the opposite party by courier service on 30.05.2012 for repair. As per the averments of the complainant the opposite party is the authorized service centre for repairing the machine. After long time, opposite party did not return the machine. So the complainant telephoned the opposite party to enquire about the machine but there was no response from the side of opposite party. Thereafter complainant sent demand notice to the opposite party. It was also not replied. Hence this complaint.
After receiving the complaint, Forum sent notice to both parties, opposite party appeared through counsel and filed their version contenting that complaint is not maintainable. They further contended that the entire averments and allegations are absolutely false. But they admitted that the Braun Cruser 2 Z 50 model Electric shaver is received by them by courier service and they are the only service provider of that product in Kerala. The opposite party further stated in version that they have repaired the said machine and it is now ready for delivery. Further opposite party submitted that they asked the complainant to produce the warranty card but complainant has not produced the same and the opposite party further submitted that, complainant can avail free service only on producing the warranty card and on failure to produce the warranty card, the complainant has to pay service charge with the cost of the replaced parts.
The opposite party further submitted that the machine is ready after repair and the payments of the service can be determined only after the production of the purchase bill and warranty card.
On the above pleadings, the following issues were framed.
1. Whether there is any deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled to get any amount as prayed in the complaint?
3. Relief and cost.
Evidence on the side of the complainant consists of Affidavit-in-chief and documentary evidences Ext.A1 to A3 marked on his side. No evidence adduced by opposite party except filing the version. Opposite party remained absent afterwards the matter posted for evidence.
Issues No.1 to 3 :
Eventhough the complainant has not produced the purchase bill and warranty card, the opposite party categorically admitted that the product Braun Cruser 3 Z 50 Model Electric Shaver received by them in dismandled condition. The Ext.A1 shows the product is sent by Courier and there is no evidence that same is returned to complainant so far. Opposite party categorically admitted that opposite party is the only one service provider in Kerala for the above said product. There is no reason to disbelieve the complainant. The facts and circumstances together with the available evidence we are of opinion that there is clear deficiency in service on the part of the opposite party. Moreover, opposite party got sufficient time to rebut the case of the complainant but they did not utilize the opportunity before them. So the complainant is entitled to get back Electric Shaver in good condition from the opposite party. So issues No.1 to 3 are answered partly in favour of the complainant.
In the result, the complaint is partly allowed directing the opposite party to return the product free of cost in good running condition to the complainant within one month from the date of receipt of this order, failing which the opposite party is liable to refund Rs.825 as price of the article together with Rs.1500(Rupees One Thousand Five Hundred only) as cost and compensation. Complainant is entitled to execute the order on the expiry of 30 days.
Dated this the 21st day of November, 2013.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Courier receipt.
A2. Copy of Letter dated 11.09.2012.
A3. Acknowledgment card.
Exhibits for the opposite party
Nil
Witness examined for the complainant
Nil
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
