Kerala

Idukki

CC/39/2019

Laiju cd - Complainant(s)

Versus

M/S nandilath G- mart - Opp.Party(s)

26 Dec 2019

ORDER

DATE OF FILING : 12.2.2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of December, 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P MEMBER

CC NO.39/2019

Between

Complainant : Laiju C.D.,

Hotel Ambady,

Mulliringadu P.O.,

Idukki – 685 607.

(By Adv: George Jacob)

And

Opposite Parties : 1. Nandilath G-Mart,

Gopu Nandilath Group,

Global Electronics & Home

Appliances Plaza,

Perumpillil Arcade, 4 Line Road,

Vengalloor, Thodupuzha, Idukki.

(By Adv: Shiji Joseph)

2. Bajaj Electricals Ltd.,

Rustomjee Aspire,

Bhanu Shankar Yagnik Marg,

Off. Easter Express Highway,

Sion (East), Mumbai – 400 022.

 

O R D E R

 

SRI. S. GOPAKUMAR, PRESIDENT

 

Case of the complainant is that :

Complainant purchased a Food Processor Bajaj FX 100 mixie from 1^st opposite party, which is manufactured by 2^nd opposite party, on 26.8.2018, by paying Rs.8500/-. At the time of purchase, 1^st opposite party issued a Use and care manuel of the product of the 2^nd opposite party. As per this user manuel, the power of the above said mixie is 1000 W. This mixie is worked in the complainant's hotel, with the power of 1000 W inverter, when there was an electricity failure. Then the complainant noticed that, if the mixies is having the power of 1000 W as promised in the user manuel, it is not possible to work with the help of an inverter having 1000 W only. Hence the complainant inspected its power with the help of an expert in the field and found that the mixie is having only 500 W power. That is against the promise and affirmation of the 2^nd opposite party, who is the manufacturer of the product. (cont....2)

- 2 -

On realising the facts, the complainant approached 1^st opposite party and intimated this matter, but the opposite has not turned up to redress the grievances of the complainant.

 

The complainant further averred that due to the low power of this mixie, he cannot do his day to day work and it caused much damages to him both mentally and financially.

 

By alleging deficiency in service of the sale of a low power product on the pretex that of high power against opposite parties, complainant filed this petition seeking relief such as to direct the opposite parties to return the product with a new one of having 1000 W power as advertised and promised by the opposite parties. Further direct the opposite parties to pay compensation and cost.

 

Upon notice, opposite parties entered appearance and filed detailed reply version. In the version, 1^st opposite party contended that the complainant used the mixer-grinder for non-domestic purpose. It is specifically stipulated in the warranty card that, the product should be used for domestic use only. Hence the complainant himself violated the warranty conditions and the complainant cannot approach the Forum alleging deficiency in service.

 

Opposite party further contended that, the warranty and service for the product is rendered by the manufacturer. Hence 2^nd opposite party is responsible for the warranty and after sale service of the respective product.

 

In their reply version, 2^nd opposite party contended that, as per their warranty policy they are not advising their product for commercial use, unfortunately, the customer purchased this usually for hotel use and damaged their unit efficiency. Now this unit is not perfectly working and their technician advised the customer in his first discussion over phone, this unit is only for domestice use.

 

As per the customer, he demanded this unit for commercial use, but in their warranty card, they clearly mentioned that this unit is for domestic use only and any damage or defect happened due to commercial use, warranty does not cover. For the satisfaction of this valuable customer, they are ready to refund money back to the customer.

 

 

(cont....3)

- 3 -

In this case, complainant was examined as PW1 and Exts.P1 to P4 marked. Ext.P1 is the bill, Ext.P2 is warranty card, Ext.P3 is user's manuel, Ext.P4 is certificate issued by the electrician.

 

From the opposite side, sales manager of 1^st opposite party examined as DW1.

 

Heard both sides.

 

The point for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

 

The POINT :- We have heared the counsel for both parties and had gone through the records.

 

It is an admitted fact that complainant purchased a heavy duty mixie from 1^st opposite party, manufactured by 2^nd opposite party, for his personal use. The complainant himself admitted that he is conducting the hotel for his livelihood. The mixie he purchased from the 1^st opposite party is not having the promised power of 1000 Watts. Hence it showed defects in its performance. On inspection with the expert in this field, it is learnet that, the mixies is having a low power of 500 Watts, which is against the advertisement and contents in the brochure and user's manuel which is stated by the manufacturer, the 2^nd opposite party.

 

In the reply version, the manufacturer 2^nd opposite party admitted that they are ready to repay the purchase price of the mixie, the subject matter of this complaint. This admission of 2^nd opposite party denotes, if this customer is not satisfied with their product, as a goodwill gesture, they will return the purchase price of the product.

 

Since the 2^nd opposite party admitted to return the purchase price of the product, the Forum is of a considered view that, there is no need to go deep to the merits of the complaint.

 

Hence on the basis of the admission of 2^nd opposite party, complaint allowed. 2^nd opposite party is directed to return the price of the mixie as shown in Ext.P1 bill along with Rs.2000/- being the litigation cost of the petition,

 

(cont....4)

- 4 -

to the complainant, within 30 days from the date of receipt of a copy of this order, failing which the purchase price will carry 12% interest per annum from the date of default, till its realisation.

 

Pronounced in the Open Forum on this the 26^th day of December, 2019

 

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SMT. ASAMOL. P, MEMBER

 

 

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - Laiju C.D.

On the side of the Opposite Party :

DW1 - Binesh P.G.

Exhibits :

On the side of the Complainant :

Ext.P1 - the bill

Ext.P2 - warranty card,

Ext.P3 - user's manuel

Ext.P4 - certificate issued by the electrician.

On the side of the Opposite Party :

Nil.

 

 

Forwarded by Order,

 

 

 

SENIOR SUPERINTENDENT