BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. : MEMBER

SMT. S.K. SREELA : MEMBER

C.C.No. 247/2010 Filed on 10/08/2010

Dated : 17..01..2011

Complainant:

Prasannan, S/o Vasudevan, 'Sivam', Sankaranmukku, Manampoor P.O., Thiruvananthapuram.

(Party in person)

Opposite parties:

1. M/s. Parryware Roca (P) Ltd., Southern Region, Chennai.

2. The Manager, Venus Sales Corporation, Venus Building, Attingal.

This O.P having been heard on 13..01..2011, the Forum on 17..01..2011 delivered the following:

ORDER

SMT. S.K.SREELA, MEMBER:

Facts of the case are as follows: The complainant had purchased one Petite EWC. 'S' Majenda Colour Closset which had a warranty for 10 years. Subsequently the Closset got damaged and the same was informed to the opposite party Company on 3/6/2008. The representative of the Company inspected the Closset and agreed to replace the same and issued a replacement advice to the complainant. A copy of the replacement advice was given to the 2^nd opposite party by the Company itself. Though the complainant approached the 2^nd opposite party several times with the replacement advice, the 2^nd opposite party never replaced the same and unnecessarily dragged the same without replacement. Hence this complaint.

2. Opposite parties accepted notice from the Forum but neither appeared before the Forum nor has filed their versions. Hence opposite parties remain exparte.

Complainant has filed affidavit and documents produced by the complainant were marked as Exts. P1 to P6. Complainant has not been cross examined by the opposite parties and hence his affidavit stands unchallenged.

The issues for consideration are:

1. Whether there is any deficiency in service on the part of the opposite parties?

2. Whether the complainant is entitled for the reliefs claimed?

3. Points (i) & (ii): The purchase of one 'Petite E.W.C 'S' – Trap Blush Pink' Closset as pleaded in the complaint is evident from Ext. P6. The allegation of the complainant is that the Closset purchased from the opposite parties got damaged and subsequent to the inspection by the representative of the opposite party Company, a replacement advice was issued to him. That inspite of production of the same, the 2^nd opposite party has not replaced the same. Ext. P1 is the replacement advice. As per Ext.P1, the 1^st oppostie party has admitted the defects caused in their product. Further in Ext. P1, the 2^nd opposite party has stated that the product has been inspected by their customer care representative and the Company has agreed to replace the product at free of cost. That by issuing the replacement advice to the dealer mentioned therein, the complainant will get the free replacement of the product. From Ext. P1 itself, the fact that damaged Closset has been given to the complainant has been proved beyond any doubt. We have gone through the documents furnished by the complainant. From the documents it is evident that the complainant had informed the opposite parties regarding the non-replacement of the Closset even after the issuance of replacement advice. In the light of the above discussions we find that the act of the opposite parties in not replacing the damaged Closset amounts to deficiency in service.

4. The complainant has pleaded in the complaint that one Closset has been damaged. But in the affidavit complainant has sworn that 2 Clossets have been damaged. From the documents it could be seen that the complainant had dispute regarding only one Closset and nothing regarding 2 Clossets have been pleaded in the complaint. Moreover there is no evidence to show that 2 Clossets have been damaged since Ext. P1 is for replacing only one Closset which leads us to conclude that the complainant had dispute regarding only one Closset. Moreover this Forum cannot go beyond pleadings.

In the result, complaint is allowed. Opposite parties shall jointly and severally replace the damaged Closset with a new one along with an amount of Rs.2,000/- towards compensation and costs within a period of one month.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 17^th day of January, 2011.

S.K.SREELA, MEMBER.

G.SIVAPRASAD, PRESIDENT.

BEENA KUMARI.A, MEMBER.

ad.

C.C.No.247/2010

APPENDIX

I. Complainant's witness:

PW1 : NIL

II. Complainant's documents:

P1 : Replacement advice dated 3/6/2008

P2 : Copy of requesting letter dated 29/1/2010

P3 : Postal receipt dated 29/3/2010

P4 : Copy of advocate notice dated 29/3/2010

P5 : Acknowledgement card

P6 : Retail invoice dated 12/5/2005

III. Opposite parties' witness : NIL

IV. Opposite parties' documents : NIL

PRESIDENT