D.O.F. 27.07.2010 D.O.O. 17.03.2011 IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR Present: Sri. K. Gopalan : President Smt. K.P. Preethakumari : Member Smt. M.D. Jessy : Member Dated this the 17th day of March, 2011. C.C.No.186/2010 Rameshan K., S/o. Kunhambu, ‘Aiswarya’, P.O. Cheleri, Kannadiparamba, : Complainant Kannur District (Rep. by Adv. T.P. Sabu) M/s. S.S. Associates, Soubhagya Complex, Nr. Sreepuram School, : Opposite party P.O. Pallikkunnu, Kannur. O R D E R Smt. K.P. Preethakumari, Member. This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party either to replace the inverter with a defect free new one or to refund the purchase price along with compensation and cost. The brief facts of the complainants case is that he has purchased an 800 VA whirlpool inverter with tubular battery on 21.05.2009 for an amount of ` 18,200 from opposite party and at the time of purchase opposite party has given 2 years warranty to the inverter and 48 months warranty to the battery. But soon after the purchase the inverter has excessive noise and the system is stopping intermittently and the same has been informed to the opposite party. Accordingly the opposite party has sent their service personnel and after conducting thorough check up and repair it is started working. But again the same problem occurred after one month and the opposite party was compelled to replace the inverter only within 6 months from the date of purchase. Again after a period of two months the inverter started problem and it persists even after the effective repair of opposite party. At present the inverter is not working and its non-function is properly intimated to the opposite party and the opposite party send one of their experts to check up the same and convinced that the inverter is having inherent defect and assured replacement of the same within one week and taken away the warranty card issued to the complainant stating that they have to send the same to the company to get a new one. But even after several contacts and evenafter a lapse of one month the inverter was not replaced. The act of opposite party is illegal and due to their negligent act the complainant had sustained mental agony and financial loss. Hence the complaint. In pursuance to the notice issued by the Forum opposite party appeared and offered settlement. But eventhough the case is posted so many times for settlement, the opposite party has not fulfilled his promise and not even appeared thereafter. Hence the opposite party was called absent and set exparty. The main point to be decided in the above case is that whether there is any deficiency of service on the part of opposite party. The evidence in the above case consists of oral testimony of PW1 and Exts. A1 to A7. Ext.A1 and A2 shows that the complainant had purchased a whirl pool inverter with tubular battery for an amount of 18,200 on 20.05.2009 from opposite party. The complainant further contended that it has a warranty of two years and soon after its purchase it shows problem and eventhough the opposite party had repaired it, its defect is not cured. The complainant further contended that the warranty card was taken away by opposite party with an assurance that it will be replaced within a week. Moreover the opposite party had appeared before the Forum and assured replacement. But eventhough it was posted settlement for several times, the opposite party has neither replaced the defective set nor filed any version and appeared thereafter. So this act of opposite party itself shows his negligence, the unfair trade practice and deficiency of service. So we are of the opinion that there is gross deficiency of service on the part of the opposite party and hence he is liable either to replace the defective inverter with a new one having good working condition or to return the purchase price of ` 18,200. Complainnat is also entitled for ` 2,000 as compensation and ` 1,000 as cost of this proceedings to the complainant and order passed accordingly. In the result the complaint is allowed directing the opposite party either to replace the battery and inverter with a defect free set with sufficient guaranty or to return the purchase price of inverter with battery ie ` 18,200 (Rupees Eighteen thousand two hundred only) with ` 2,000 (Rupees Two thousand only) as compensation and ` 1,000 (Rupees One thousand only) as cost of the proceedings within 30 days from the date of receipt of this order, otherwise the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act. The complainant is directed to return the set, if the opposite party is returning the purchase price. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the Complainant A1. Order form dated 21.05.2009. A2. Cash credit bill dated 20.05.2009. A3. Visiting card. A4. Pamphlet with dealers stamp. A5. Copy of lawyer notice dated 11.05.2010. A6. Postal receipt dated 11.05.2010. A7. Acknowledgement card. Exhibits for the opposite party Nil Witness examined for the complainant PW1. Affidavit Witness examined for opposite party Nil /forwarded by order/ SENIOR SUPERINTENDENT
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
