PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 26th day of September 2012
Filed on : 30/07/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 465/12
Between
Antony I.V., : Complainant
No. 14/158, Ivikadan house, (By Adv. Tom Joseph, Court
Nethaji road, Aluva-682 101. road, Muvattupuzha)
And
M/s. R.P. Telebuy Skyshop : Opposite party
Pvt. Ltd., No. 44/1744A, (absent)
Kattayil road, Kaloor,
Kochi-682 017.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
Lured by the assurances of the opposite party the complainant purchased an orbitrek alite to maintain body health to reduce cholesterol and diabetis etc. He purchased the same on 12-09-2011 at a price of Rs. 13,500/-. On 28-02-2012 while using the machine the right side foot stop fixing belt had broken. Thereafter huge sound erupted from it while using the same. Since the same complaint was repeated the matter was brought to the notice of the opposite party though the machine was repaired by the opposite party the defects persisted. The recurring defects of the machine was due to the inherent manufacturing defect of the same. So the complainant is before us seeking direction against the opposite party to refund the price of the equipment together with compensation of Rs. 5,000/- and costs of the proceedings.
2. In spite of service of notice from this forum the opposite party remained absent for their own reasons. Proof affidavit has been filed by the complainant. Exts. A1 and A2 were marked. Heard the counsel for the complainant.
3. The points that arose for consideration are as follows:
i. Whether the complainant is entitled to get refund of the price of the machine from the opposite party?
ii. Whether the opposite party is liable to pay compensation and costs of the proceedings to the complainant?
4. Point No. i. The complainant purchased an orbitrek alite from the opposite party on 12-09-2011 at a price of Rs. 13,500/- evidenced by Ex. A1. According to the complainant time and again the machine went out of order and the opposite party could not rectify the same completely in spite of repeated attempts. The complainant caused Ext. A2 letter dated 25-05-2012 to the opposite party highlighting his grievances to which there was no response. The recurring defects of the machine are due to its manufacturing defect . Nothing is on record to controvert the averments of the complainant especially since the opposite party is absent in that view of the matter we have no hesitation to hold that the complainant is entitled to get refund of the price of the gadget with interest.
5.Point No. ii. The absence of the opposite party before this Forum speaks for their readiness to comply with the orders if any on the issue we allow the compensation and costs of the proceedings as prayed for.
4. In the result, we allow the complaint and direct that
i. the opposite party shall refund the amount as per Ext. A1
with 12% interest p.a. from the date of receipt till realization.
In that event the complainant shall return the defective
machine to the opposite party simultaneously at the expense
of the opposite party..
ii. The opposite party shall pay a sum of Rs. 5,000/- to the complainant towards compensation and costs of the proceedings.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 26th day of September 2012
Sd/- A Rajesh, President. Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of retail invoice dt. 12-09-2011
A2 : Copy of letter dt. 25-04-2012
Opposite party’s Exhibits : :
