PRESENT

                   Complainant by representative Shri. Mascarenhas

                   Opponent  No. 1 Ex party.

                   Opponent No.2 Dismissed                  

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President.)                                                           

1.                The Complainant has filed the present complaint against Opponents for supplying defective treadmill exercise machine as  well as for deficiency in service.

2.                 The Complainant no.1 is consumer association formed for  consumer protection and registered under Societies Registration Act. Complainant no.2 is a purchaser of the article from Opponent Fitness Zone of which subsequently added Opponent no.2 as manufacturer of said article.

3.                 On 2 nd May, 2013 the name of the Opponent no.2 was deleted on  request of Complainant as the said manufacturing company was  closed.

4.                 The Opponent no.1 has not filed written statement so the matter proceeded ex-parte as per order passed on 2 nd May, 2013.

5.                 According to the Complainant, Babu Simon he purchased treadmill exercise machine with one year warranty on 19 th November, 2010 for Rs. 9,500/- (Rs. Nine Thousand Five Hundred Only). The evidence affidavit filed on record show that during warranty period  running belt was found defective.

6.                 The Complainant stated in the evidence affidavit dated 19 th September, 2013 that Opponent’s mechanic replaced the defective part. He stated that again same was jammed at the joint of belt.The Opponent had not proved 64 cogent evidence to show that Compliant has violated any terms mentioned in owner’s manual.

7.                 The Complainant further stated on affidavit due to frequent damage  in the article he was subjected to inconvenience and health hazard  since he was not able to monitor pulse rate. He further stated that  the purpose for which the article was purchased was not fulfilled.

8.                 As per law, the seller is under an obligation to supply goods reasonably fit for the purpose for which the same was taken relying  on buyer. In the present case Opponent has not taken steps for replacing the said article as well as for rendering proper service,  when the same was damaged.

9.                 We are of the view that, Opponent no.1 be ordered to refund the  price of Rs. 9,500/- (Rs. Nine Thousand Five Hundred Only) to the Complainant with interest at the rate of 9% p.a. from date of filing of  complaint. The Complainant is entitled for compensation of Rs. 3,000/- (Rs. three Thousand Only) for mental agony and cost of Rs. 2,000/- (Rs. Two Thousand Only) from Opponent no.1

10.               The Complainant has to return said defective article to the  Opponent no.1 if he accepts the same.

11.               In the result we pass the following order.

                                                 ORDER

1.            Complaint No. 19/2012 is partly allowed.

2.       Opponent no.1 M/s Fitness Zone is ordered to pay Rs. 9,500/- (Rs.     Nine Thousand Five   Hundred Only) with interest at the rate  of 9% p.a. from 16 th January, 2012.

3.       Opponent no.1 is further ordered to pay Rs. 3,000/- (Rs. three Thousand Only) as mpensation  and Rs. 2,000/- (Rs. Two Thousand Only) as cost to the Complainant.

4.Copy of this order sent to both parties.