By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to replace the defective pipe with a new one or to return the cost of the pipe to the complainant with compensation and cost of the proceedings.
2. Brief of the complaint:- The complaint is an agriculturalist and have cultivation like coconut, arecanut, coffee, pepper, ginger, plantain etc.... In order to irrigate these cultivation, the complainant purchased 30 metre 2" duroflex pipe from the opposite party on 10.03.2014 for a sum of Rs.5,285/-. The opposite party assured one year guarantee to the pipe. But after 5 months of purchase, there are holes seen in the pipe and became useless. The matter was informed to opposite party several occasions and on 15.10.2014 and 18.10.2014, the complainant went to the shop of opposite party with complaint. The opposite party did not care the complaint and not replaced the defective pipe. Thereby the complainant sustained heavy loss. So the complaint is filed for a direction to opposite party to pay Rs.21,285/- being the cost of material and compensation and Rs.5,000/- towards cost of the proceedings.
3. On receipt of complaint, notice was issued to opposite party and the notice is served to opposite party on 19.11.2014 but opposite party did not appear before the Forum and opposite party is set ex-parte.
4. On perusal of complaint and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and document is marked as Ext.A1. Ext.A1 is the Retail Invoice which shows that the complainant on 10.03.2014 purchased duro flex pipe 2" 30 meters from opposite party for a sum of Rs.5,285/-. The complainant did not produced the pipe before the Forum and not taken steps to prove the defects noted in the pipe. But the complainant filed proof affidavit stating all description of defects. It is up to the opposite party to deny all these allegations and disprove the case of complainant. But opposite party remained ex-parte in this case. So the Forum is of the opinion that there is nothing to disprove the case of complainant. The Forum analyzed that the act of opposite party is nothing but deficiency of service. The Point No.1 is found accordingly.
6. Point No.2:- Since the point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.5,285/- (Rupees Five Thousand Two Hundred and Eighty Five only) to the complainant being the value of 30 meters of Duro flex pipe 2" purchased from opposite party along with Rs.1,000/- (Rupees One Thousand Only) as compensation and Rs.1,000/- (Rupees One Thousand Only) as cost of the proceedings. The complainant shall return the 30 meters pipe to the opposite party on receipt of the above amounts. The opposite party shall comply the Order within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest for the whole sum thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of January 2015.
Date of Filing:24.11.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Dominic. K. J.(affidavit).
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Retail Invoice.
Exhibits for the opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
