This CC is coming on before us for hearing, in the presence of Sri. K. Chandra Sekhar Gupta, Advocate for opposite party No.2; and the complainant appeared in-person and opposite parties No.1 called absent; Upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-

O R D E R

(Per Sri R. Kiran Kumar, Member)

This complaint is filed under section 12-A of the Consumer Protection Act, 1986. 

2.        The averments made in the complaint are that the complainant is a retired employee, resident of Khammam, has purchased a Bed, a product of the opposite party No.1 and purchased from the opposite party No.2 by paying Rs.13,000/- vide cash bill No.164, dt. 30-09-2014, and also the opposite parties issued a guarantee card for a valid period of 10 years.   The complainant submitted that he used the said bed for one year, found that there was material defect, the stitches combined around the bed was become free and loosen, the material of foam was gathering with a shape of round balls, the complainant informed the same to the opposite party No.2.  The complainant further submitted that upon the complaint, the opposite party No.1 inspected and informed about the non-quality of material being supplied by the opposite party No.2, he will inform the said fact for replace of Foam bed and he will act according to the instructions of opposite party No.2.  The complainant further submitted that for few days he kept silent and again informed the same, on 04-02-2016 he sent a letter through registered post, inspite of lapse of 50 days, there is no response from the opposite parties, vexed with the attitude of opposite parties he filed this complaint.

3.      On behalf of the complainant the following documents were marked as Exhibits A-1 to A-4.

Ex.A-1:- Bill for Rs.13,000/-, dt.30-09-2014, issued by opposite party No.2.

Ex.A-2:-Postal Receipt dt. 04-02-2016.

Ex.A-3:-Guarantee card.

Ex.A-4:-Letter addressed by the complainant to the opposite party No.1.

4.      On receipt of the notice, the opposite party No.2 appeared through their counsel and filed counter.  In their counter opposite party No.2  submitted that in fact he is a retail dealer of Kurlon and while doing business,  supplier and manufacturer by the opposite party No.1 and they had sold the Foam mattress.   The opposite party No.2 denied all the averments and contents of para No.3 and submitted that the averments are all false, incorrect, baseless and invented for the purpose of case.  The opposite party No.2 further submitted that the complainant approached the opposite party No.2  and they make him clear that presently they are not retail dealer and requested him to make correspondence with opposite party No.1 and also its next authorized dealer in Khammam, but to the surprise the complainant without there being hear the words, simply filed the complaint making the opposite party No.2 as party with false and frivolous allegations, as such prayed to dismiss the complaint. 

5.      Heard Oral Arguments.

6.      Upon perusing the material papers on record, now the points that arose for consideration are,

1) Whether the complainant is entitled for the claim?

2) To what relief?

Point No. 1:-                                                                                

In this case the complainant purchased Foam mattress from the opposite party No.2 which is a product of the opposite party No.1 by paying Rs.13,000/- vide cash bill No.164, dt. 30-09-2014, and the opposite party issued a guarantee card for a valid period of 10 years and delivered the Bed.   According to the complainant he used the said bed for one year, found that there was material defect, the stitches combined around the bed was become free and loosen, the material of foam was gathering with a shape of round balls, the complainant informed the same to the opposite party No.2.  According to the complainant on 04-02-2016 he sent a letter through registered post, to opposite party No.1,  inspite of lapse of 50 days, there is no response from the opposite parties, vexed with the attitude of opposite parties, the complainant approached the Forum for redressal.

From the material available on record, we observed that the complainant purchased a Foam mattress, he used the same for one year, and after that the Foam bed was found material defect, the stitches combined said bed was become free and loosen, the material of Foam bed was gathering in a shape of balls and immediately he informed the same to the opposite party No.2.  On the advice of opposite party no.2 complainant addressed a letter to the opposite party No.1 on 04-02-2016, as there is no response he filed this complaint.   From the documents we observed that the complainant dissatisfied with the material defective Bed within one year which is within warranty period, on that he had given a written complaint to the opposite party No.1 to rectify the problem by repairing the bed suitably or to replace with new one.   The complainant had taken all the steps by way of issuing notice and filing complaint before this forum. According to the opposite party No.2, presently they are not retail dealer and they requested the complainant to make correspondence with opposite party No.1 and also its next authorized dealer in Khammam.   Even after receipt of notice, the opposite party No.1 failed to appear before this Forum to disprove the contention of the complainant.    From the above we observed that the defect is major or minor, once the consumer looses satisfaction of having Foam Mattress. The loss of satisfaction would be much more in the case when a person buys a new Foam mattress with his hard earned money. In view of the aforesaid reasons this point is answered accordingly in favour of the complainant.

Point No.2 :-

7.      In the result, the complaint is allowed in part directing the opposite party No.1 to replace the defective Foam mattress with new one, and also directed to pay Rs.500/- towards costs and damages.  The opposite party No.1 is directed to replace the Foam bed within one month from the date of this order.  The complaint against opposite party No.2 is dismissed.

Typed to dictation, corrected and pronounced by us in the open Forum, on this the 28^th day of October, 2016.

FAC PRESIDENT              MEMBER

DISTRICT CONSUMER FORUM

KHAMMAM

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                 For Opposite party:-   

       -None-                                                                       -None-

DOCUMENTS MARKED:-

For Complainant:-                                                           For Opposite party:-   

FAC President              Member

District Consumer Forum, Khammam.