BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

20^th DAY OF FEBRUARY 2015

             PRESENT:- SRI. J.N.HAVANUR              PRESIDENT

                              SMT. M. YASHODHAMMA    MEMBER    

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the complainant seeking direction against  Opposite party to replace the defective mattresses of the correct size suitable to his cots and to pay damages of Rs.10,000/- and cost on the allegation of deficiency of service.

2.      The brief averments made in the complaint are as follows:

The complainant purchased two numbers of PEPS Springkoil Bonnel normal Maroon 75”x72”x06” Mattresses and four Pillows from OP vide invoice No.B/002187/12-13 dated 05.09.2012 for a sum of Rs.21,806/-.  OP charged two Pillows for Rs.4-00 only.  Hence, the value of two Mattresses is Rs.21,806/-.  Prior to placing of the purchase order, the representatives of OP inspected the two cots of the complainant in his residence for which the Mattresses were required, to ascertain the measurements of the cots and they said their standard size Mattresses measuring 75”x72”x06” would suit for the cots of the complainant and took order for the supply of the Mattresses.  After one year of purchase the said mattresses developed sagging and springs were slightly loosened.  Its quilt stitching was coming out.  In the month of December 2013 complainant called head office of OP and complained about the same.  They informed the complainant to contact their Inspector/Supervisor Mr.Suman on cell 9060487529.  Complainant called to the said number but there was no response.  After one week he was able to speak to him.  Mr.Suman visited his house on 29.01.2014 and inspected the mattresses and prepared the inspection report dated 29.01.2014 with the observations that the mattresses is resting on the beeding of the cot i.e., mattresses are about 2 to 3 inches bigger in its width and also he agreed that the quilt stitching is coming out, which is a manufacturing defect.  He promised that he would speak to his superiors and inform.  He advised the complainant to talk to his incharge officer Mr.Keerthi on cell No.7795115991.  The complainant waited for 15 days, he did not respond.  On 04.02.2014 and 08.02.2014 complainant has sent mails and reminder on 12.02.2014, but there was no response.  Complainant decided to file consumer complaint.  Hence, he got issued notice to the Managing Director and Marketing Manager of the company on 07.04.2014 by registered post.  In spite of service of notices there was no response from OP.  Hence, complainant has come up with the present complaint.

3.  After registration of complaint, notices were issued to Opposite Parties by RPAD.  In spite of service of notice, OPs did not appear before this Forum.  OPs called out absent and they have been placed ex-parte and posted the case for filing affidavit of complainant.

4.  So as to prove the case, the complainant has filed his affidavit evidence by way of evidence.  We have heard the oral arguments of the complainant.  We have gone through the oral and documentary evidence of the complainant meticulously.

5. One Mr.S.Mohamed Iqbal, who complainant herein has filed his affidavit evidence in support of complaint averments stating that on 05.09.2012 he purchased two numbers of PEPS Springkoil Bonnel Normal Maroon 75”x72”x06” mattresses and 4 Pillows from OP-2 vide invoice No.B/002187/12-13 dated 05.09.2012 OP charged only Rs.4-00 for two Pillows.  Hence, the value of two Mattresses is Rs.21,806/-.  Prior to the purchase order, the representatives of OP inspected the two cots of the complainant in his residence, for which the Mattresses were required to ascertain the measurements of the cots and they said their standard size Mattresses measuring 75”x72”x06” would suit for the cots of the complainant and took order for the supply of the Mattresses.  After one year of purchase the said mattresses developed sagging and springs were slightly loosened.  Its quilt stitching was coming out.  In the month of December 2013 complainant called head office of OP and complained about the same.  They informed the complainant to contact their Inspector/Supervisor Mr.Suman.  Complainant called to the said person but there was no response.  After one week he was able to speak to him.  Mr.Suman visited his house on 29.01.2014 and inspected the mattresses and prepared the inspection report dated 29.01.2014 with the observations that the mattresses are resting on the beeding of the cots i.e., mattresses are about 2 to 3 inches bigger in its width and also he agreed that the quilt stitching is coming out, which is a manufacturing defect.  He promised that he would speak to his superiors and inform.  He advised the complainant to talk to his incharge officer Mr.Keerthi on cell No.7795115991.  The complainant waited for 15 days, he did not respond.  On 04.02.2014 and 08.02.2014 complainant has sent mails and reminder on 12.02.2014, but there was no response.  Complainant decided to file a consumer complaint.  Hence, he got issued notice to the Managing Director and Marketing Manager of the company on 07.04.2014 by registered post.  In spite of service of notices there was no response from OPs.  Hence, he prayed to allow the complaint against OPs and grant relief as prayed in the complaint.

6. The above said assertions of the complainant have remained unchallenged.  The OPs have neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

7. Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is the written complaint made by the complainant to OPs dated 07.04.2014 calling upon OP to replace the defective mattresses within 15 days failing which he will approach consumer court for redressal.  Document No.2 is two served postal acknowledgement cards.  Document No.3 is inspection report of mattresses made by Mr.Suman, Inspector from Head office of OP-1 dated 29.01.2014 with a remarks stating “it is inspected that mattresses is fitted very tight on the cot it should be free, but the springs are sagged and quilting is loosened which requires replacement” and same is manufacturing defect.  Document No.4 & 5 are the mails dated 04.02.2014 and 08.02.2014 sent by the complainant to OP calling upon OPs to replace the mattresses within the guarantee period.  Document No.6 is the invoice cum delivery challan dated 05.09.2012 issued by OP-2 to the complainant for having sold two quantity PEPS Springkoil Bonnel mattresses and four pillows for a sum of Rs.21,810/- including vat.  Document No.7 is a warranty card and care instructions with 5 years of warranty issued by OP-1 Company.

8. On perusal of oral and documentary evidence of the complainant, it is vivid and clear that on 05.09.2012 the complainant has purchased two number of Springkoil Bonnel Normal Maroon 75”x72”x06” mattresses and 4 Pillows from OP-2 dealer by paying a sum of Rs.21,810/-.  OP-1 is Company; the said mattresses are under warranty of 5 years as per document No.7 issued by OP-1 company.  After one year of its purchase the said mattresses developed sagging and springs were loosened, quilt stitching was coming out.  In the month of December 2013 complainant complained to the Head Office of OP one Mr.Suman, the Inspector attended the complaint on 29.01.2014 and has given the inspection report as per document No.3 stating mattresses resting on beeding of the cots and quilt stitching is coming out and further he has given remarks stating that there is a manufacturing defect.  Hence he suggested for replacement.  He promised the complainant that he will speak to his superior officer and inform but failed to respond to the complainant.  Complainant has sent e-mails and reminder as per document No.4 & 5.  There was no reply from OPs.  On 07.04.2014 complainant sent notice to OP as per document No.1 through registered post calling upon OP to replace defective mattresses within 15 days failing which he will file a consumer complaint.  In spite of service of said notice on 10.04.2014 as per document No.2, OPs have neither complied the demand made in the notice nor replied to the notice of the complainant.  The OPs having collected Rs.21,810/- from the complainant have supplied defective mattresses to the complainant & have failed to rectify the defects or to replace the same even after inspection made by their own inspector and failed to respond to the e-mails and notice of the complainant.  So from the material evidence of the complainant, we are of the considered view that the mattresses supplied to the complainant are defective.  Though OPs have given 5 years warranty after lapse of one year only the said mattresses became defective.  Within the period of warranty the complainant is entitled for repair, replacement or refund of the cost.  We are satisfied that the complainant has proved the deficiency of service against OPs by placing clear and consistent, oral and documentary evidence.  Under the circumstances, we are of the considered opinion that the complainant is entitled for refund of cost of mattresses being Rs.21,810/- within 30 days from the date of this order failing which OPs shall pay interest at the rate of 6% p.a on the said amount from the date of complaint to till the date of realization along with litigation cost of Rs.2,000/- to the complainant.  Accordingly, we proceed to pass the following:

O R D E R

The complaint filed by the complainant is allowed in part.    OPs are directed to refund Rs.21,810/- to the complainant within 30 days from the date of receipt of this order.  Failing which OPs shall refund the said amount along with interest at the rate of 6% p.a on the said amount from the date of complaint till realization.  Further OPs are directed to pay litigation cost of Rs.2,000/- to the complainant.

After receipt of the entire amount from OPs as ordered, the complainant is directed to return the two numbers of PEPS Springkoil Bonnel normal maroon 75”x72”x06” mattresses and 4 Pillows to OPs.   

          Send the copy of the order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 20^th day of February 2015)

MEMBER                                                                  PRESIDENT

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COMPLAINT NO.836/2014

Complainant                 -        Sri.S.Mohamed Iqbal

                                        -vs-

Opposite Parties               _        1) Managing Director,

Messrs. PEPS Industries Pvt. Ltd.,

Coimbatore-641 407.

2) Marketing Manager,

M/s. PEPS Industries Pvt. Ltd.,

Bangalore-560 048.

Witnesses examined on behalf of the complainant dated 25.09.2014

1. Sri.S.Mohamed Iqbal

          OPs -       Nil

MEMBER                                                                 PRESIDENT

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