BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM :: KADAPA Y.S.R DISTRICT

PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC

                                    SRI M.V.R. SHARMA, MEMBER.

Friday, 28^th March 2014

CONSUMER COMPLAINT No.  93/ 2013

G. Rami Reddy, S/o Late Veera Reddy,

aged about 61 years, H.No. 1/784-6, Dwarakanagar,

Kadapa – 516 004                                                             ….. Complainant.

Vs.

M/s R.K. Enterprises, Rep. by Sole Proprietor,

Door No. 20/1203, Upstairs, Madras Road,

Near Krishna Theatre, Kadapa – 516 001.                          …..  Respondent.

This complaint coming on this day for final hearing on 25-3-2014 in the presence of complainant as in person and Respondent called absent and set exparte on 11-3-2014 and upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per Smt. K. Sireesha, President FAC),

1.             Complaint filed under section 12 of the C.P. Act 1986.

2.             The brief facts of the complaint are as follows:-   The complainant had purchased two ‘GILMA’ company water heater from respondent for                            Rs. 18,000/- on 20-12-2011.  The said water heaters was not working properly from day one.  Due to the defect in the water heaters there is lot of consumption of electricity and the water has not getting heated.  So they were not useful for purpose, so they were purchased.  The complainant approached respondent and explained defect of water heaters so many times.  But there is no response from the respondents.  At last the complainant issued registered letter stating the defect in the water heaters on 10-5-2012. 

3.             The complainant had purchased the water heaters for purpose of hot water as it is very necessary day to day life and there is a defect in the water heaters.  The purpose was not served to the complainant.  So the complainant approached the consumer forum and prayed the consumer forum to pass decree in favour of the complainant and against the respondent to pay Rs. 18,000/- towards cost of the GILMA two water heaters, Rs. 2,000/- towards cost of the complaint in the interest of justice. 

4.             The respondent called absent and set exparte on 11-3-2014. 

5.             On the basis of the above pleadings the following points are settled for determination. 

i.             Whether the complainant is entitled to the relief as prayed by him or not?

ii.            Whether there is negligence or deficiency of service on the part of the Respondent?

iii.          To what relief?

6.             On behalf of the complainant PW1 was examined and Ex. A1 and A3 were marked.

7.             Point Nos. 1 & 2.   It is very clear that the complainant had purchased two ‘GILMA’ water heaters from respondent on 20-12-2011 for                        Rs. 18,000/- under Ex. A1.  Ex. A2 is the warranty card issued to the complainant.   Ex. A3 clearly shows that the complainant had explained the problem to the respondent.  But there is no response from the respondent.  The complainant had issued Ex. A3 to the respondent on 10-5-2013.  From the above pleadings it is very clear that there is defect in water heaters which was were purchased by the complainant from the respondent and the complainant had explained the problem to the respondent.  The respondent had not responded properly.  It clearly proved negligence of the respondent and defect in the water heaters.  So the complainant is eligible for compensation as prayed by him. 

.               Point No. 3 In the result, the complaint is allowed, directing the respondent to pay Rs. 18,000/- (Rupees eighteen thousand only) the cost of the ‘GILMA’ water heaters 2 in number after receiving the defective water heaters from the complainant, and pay Rs. 2,000/- (two thousand only) towards cost of the complaint to the complainant, within 45 days of date of receipt of orders.

                Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 28^th March 2014

MEMBER                                                                                PRESIDENT FAC

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant    

PW1          G. Rami Reddy, dt. 25-3-2014.

For Respondents :     NIL      

Exhibits marked for Complainant  : -

Ex. A1       Cash bill No. 158, dt. 20-12-2011.

Ex. A2       Copies of warranty cards.

Ex. A3       registered letter dt. 10-5-2013.

Exhibits marked for Respondents: -                     NIL   

MEMBER                                                                               PRESIDENT FAC

Copy to :-

1)   B. Rami Reddy, S/o Late Veera Reddy,

aged about 61 years, H.No. 1/784-6, Dwarakanagar,

Kadapa – 516 004   

2)   R.K. Enterprises, Rep. by Sole Proprietor,

Door No. 20/1203, Upstairs, Madras Road,

Near Krishna Theatre, Kadapa – 516 001

B.V.P.