IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the18th day of September 2009 CC.139/2009 A.V.Pushpavally, Nisha Jewellary Works, Near K.K.Residencey, Complainant Old Bus stand, Payyannur. (Rep.byAdv.Sandeepkumar) M/s.Hindustan Business Corporation, Near KSEB, Sara Complex, Opposite party South Bazar, Payyanur. O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section 12 of Consumer Protection Act for an order directing the opposite party to refund Rs.3995/- the value of mixie along with compensation of Rs.5000/- with cost. The complainant’s case is that she had booked for an instagrind mixie by giving Rs.100/- on 25.2.2008 from opposite party in an exhibition at Police maidan, Payyannur. On 31.5.08, the opposite party had given delivery of the same by receiving the balance purchase amount of Rs.3895/-. But within one month itself it became defective and the same was intimated to opposite party and they come after 3 days and repaired the same. But again it became defective and the opposite party had taken back the mixie and returned it back by saying that they had replaced the motor of the same. But there after it is not in a position to use it for grinding. Again during 2009 March the opposite party had taken back the same along with 4jars. But they retuned back the mixie only. So the complainant had issued a lawyer notice to opposite party but the same was returned unclaimed. Hence this complaint. On receiving the complaint the forum has issued notice to opposite party but it was returned unclaimed and hence the opposite party was called absent and set exparte. The main point to be decided in this case is whether there is any deficiency on the part of the opposite party. 1The evidence in this case consists of the chief affidavit filed in lieu of evidence Exts.A1 to A5. The Ext.A1 and A2 is the warranty card with brochure and e bill. This document proves that the complainant has purchased an instagrind mixie from opposite party for an amount of Rs.3995/- on 31.5.2008. As per Ext.A1 it has a warranty of 12 months from the date of purchase i.e. from 31.5.08. The complainant’s case is that it became defective within one month itself and had issued notice to opposite party. Eventhough the opposite party had repaired it; the mixie is not in working condition. The opposite party has neither turned before the Forum nor filed version or produced any contra evidence. This itself shows the deficiency in service on the part of opposite party and hence we are of the opinion there is deficiency on the part of opposite party for which they are liable. So the opposite party is bound either to replace the mixie having sufficient warranty or to return back the purchase price f Rs.3995/- to the complainant. The opposite party is also liable to pay Rs.1000/- as compensation and cost of this proceedings and the complainant is entitled to receive the same. In the result, the complaint is allowed directing the opposite party either to replace the mixie with a new one with sufficient warranty or to refund the purchase price of Rs.3995/-. The opposite party is also liable to pay Rs.1000/- as compensation including the cost to the complainant within one month from the date of receipt of this order, failing which the complainant is at liberty to execute the order under the provisions of consumer protection act. The complainant is also directed to return back the mixie on the event of such receipt. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.warranty card issued by OP A2.Cash receipt dt.25.2.08 issued by OP A3.Copy of the letter sent to OP A4.Postal receipt A5.Unclaimed cover Exhibits for the opposite party: Nil Witness examined for either side; Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
