BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 3rd day of October 2011
Filed on : 14/07/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 372/2011
Between
K.C. Eldhose, : Complainant
Kunnapilli, house No. 23, (Adv. Tom Joseph,
Housing Board, Court road, Muvattupuzha)
Muvattupuzha-686 661.
And
M/s. RP Telebuy Skyshop : Opposite party
Pvt. Ltd., No. 44/1136, (absent)
C18,C19, 1st Floor,
Chammany Towers,
No. 89/1, Kaloor Junction,
Kaloor, Ernakulam-682 017.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
On 25-04-2011 the complainant purchased an abcircle PRO from the opposite party at a price of Rs. 10,495/-. He purchased the same by believing the television advertisements to the effect that the use of the AB Circle PRO will help to reduce the excess fat deposited around the waist substantially and also help to make the abdominal portion of the body beautiful. One year warranty was provided for the product. But after few days of use, the balls fitted below the circle was broken and the equipment became useless. In spite of repeated requests nobody came to repair it. It is pertinent to note that as against the assurances given in the advertisements, after the use of the equipment, complainant has been suffering from severe hip pain and abdominal pain. Hence it is clear that the advertisements are misleading and it amounts to unfair trade practice. The breakage of the equipment within 15 days of use would show that the same is suffering from inherent manufacturing defect. Thus the complainant is before us seeking direction against the opposite party to refund the price of the equipment along with interest @ 12% p.a. from the date of purchase till realization together with costs of the proceedings. Hence this complaint.
2. In spite of service of notice from this Forum the opposite party did not respond for their own reasons. Proof affidavit has been filed by the complainant. Ext. A1 was marked on his side. 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 under dispute?
ii. Costs of the proceedings
4. Points No. i&ii. Ext. A1 retail invoice dated 25-04-2011 goes to show that the complainant purchased an abcircle PRO from the opposite party at a price of Rs. 10,495/- with one year warranty. According to the complainant right from the beginning the machine suffers from various defects and after 2 weeks from the date of purchase the machine became defunct. It is stated that the complainant is entitled to get the price of the machine refunded. Vehemently nothing is on record to controvert the averments of the complainant. The complainant inspires the confidence of this Forum and we are of the considered opinion that the complainant is entitled to get refund of the price of the machine. Exemplary costs of Rs. 1,000/- is awarded
5. In the result, the complaint is allowed as follows:
i. The opposite party shall refund Rs. 10,495/- being the price of the machine together with interest at the rate of 12% p.a. from 25-04-2011 till payment. In that event the complainant shall return the machine in dispute to the opposite party simultaneously at the cost of the opposite party.
ii. The opposite party shall pay Rs. 1,000/- towards 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 this order
Pronounced in the open Forum on this the 3rd day of October 2011
