BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 13/03/2012

Date of Order : 31/05/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

C.C. No. 147/2012

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :

The complainant purchased a Titan Watch from the opposite party. After a few days, the watch became defunct. It was replaced on 19-04-2011. The next day, the replaced one as well became defunct. The complainant entrusted the same with the opposite party for its repairs. After repairing, it was returned to the complainant on 15-06-2011. Again, it became defunct and the same entrusted with the opposite party. They returned the same on 04-02-2012. On the very same day, the watch went out of order. The said watch suffers from manufacturing defect. The complainant is entitled to get the price of the watch refunded with interest together with compensation of Rs. 1,000/- and costs of the proceedings.

2. In spite of receipt of notice from this Forum, the opposite party did not respond to the same for reasons of their own. Proof affidavit has been filed by the complainant. Exts. A1 and A2 were marked on the side of the complainant. Heard the counsel for the complainant.

3. The points that came up for consideration are :-

1. Whether the complainant is entitled to get refund the price of the watch from the opposite party?

2. Whether the opposite party is liable to pay compensation and costs of the proceedings?

4. Point No. i. :- Ext. A1 goes to show that the complainant purchased a watch from the opposite party on 19-04-2011 at a price of Rs.3,350/-. According to the complainant, time and again, the complainant had to approach the opposite party for the repair of the same and the opposite party repaired and replaced the same on several occasions, but to no avail to redress the complaint squarely. Ext. A2 customer acknowledgment form goes to show that the complainant had entrusted the watch with the opposite party on 03-06-2011 for its repairs. Though, the complainant contended that he had to approach the opposite party to get the watch repaired on several occasions, the opposite party has not raised a contention against. The affidavit filed by the complainant remains unchallenged and unrebutted. Therefore, we have no hesitaiton to hold that the complainant is entitled to get the refund of the price of the gadget. Our decision is squarely based and substantiated on account of the decision of the Hon'ble National Consumer Disputes Redressal Commission in Sony Ericsson India Ltd. Vs. Ashish Aggarwal (IV (2007) CPJ 294 (NC) ), in which the Hon'ble Commission has stated that a frustrated consumer is entitled to get refund the price of the gadget. The said decision squarely applies in the instant case.

5. Point No. ii. :- The complainant failed to inform the opposite party of the subject matter of the case before initiating legal proceedings which would have resultantly been avoided of this litigation unless necessarily negate a claim for compensation, however factually the complainant has had to incur costs, we fix it at Rs. 1,000/-.

6. In the result, we partly allow the complaint and direct as follows :

1. The opposite party shall refund the price of the watch as per Ext. A1 together with interest at the rate of 12% p.a. from the date of purchase till realisation. In that event, the complainant shall return the defective watch to the opposite party simultaneously.

2. The opposite party shall pay Rs. 1,000/- to the complainant towards costs of the proceedings.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 31^st day of May 2012

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

=========