Kerala

Idukki

CC/109/2019

Jobin Jose - Complainant(s)

Versus

M/s SR Valu - Opp.Party(s)

26 Dec 2019

ORDER

DATE OF FILING :04/06/19

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. 109/2019

Between

Complainant : Jobin Jose,

Puthumana House,

Anakkara P.O., Kumili,

Idukki District, Pin-685 512.

(By Adv: Joseph Pathalil)

And

Opposite Party : 1 . M/S SR Value, Ezhuthupally Bldg,

XVII/547, Maradu,

Nettoor, Ernakulam, Kerala.

2 . Smt.Sunitha, Executive Director,

SR Value, XVII/547, Maradu,

Nettor, Ernakulam, Kerala.

 

O R D E R

SMT. ASAMOL P. (MEMBER)

 

The case of the complainant is that,

 

The complainant started a bakery in the name of “Dollars and Pounds Cafe & Bakery” at Anakkara town for earning his livelihood by means of self employment. For proper recordings of stocks and inventories the complainant purchased a 'Esse Ecr – Rs 810' machine from opposite parties on 08/05/19 and he paid Rs.18,470/- to the opposite parties as price of the product. On the same day a technician from opposite parties installed the machine in his bakery. But it was failure no stock report or inventory report were obtained from the machine. The complainant could not use the machine. The complainant informed the opposite party about the defect of the machine. Then another technician inspected the machine. But also it was failure. From 21/05/2019 the

(Cont.....2)

-2-

machine is not functioning at all. On 21/05/2019, the complainant sent a mail to opposite parties, no reply was given. Then he also sent WhatApp message to second opposite party but no reply was given. Then he tried to contact the opposite parties through phone. But they deliberately refused to attend the phone calls. In fact, the opposite parties supplied a defective machine to the complainant and received the amount as price for the defective machine. No proper service was given by opposite parties. They assured warranty for the machine. But no warranty paper was given. It is deficiency in service and unfair trade practice. The complainant suffered damages both monetary and mental. So they are liable to compensate the loss sustained by the complainant. Hence it is prayed for allowing the reliefs such as to direct the opposite parties to take back their defective machine and pay Rs.18,470/- with 18% interest to the complainant and further direct the opposite parties to pay Rs.17,000/- with 12% interest as compensation and Rs.5000/- as cost of the case.

 

Notice from the Forum is served to opposite parties. Opposite parties did not appear before this Forum. So they called absent and set exparte.

 

The complainant adduced evidence by way of proof affidavit and documents. P1 document produced before this Forum. It is Tax Invoice issued by opposite party marked as Ext.P1.

 

Heard,

 

The point that arose 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 heard the counsel for the complainant and have perused the evidence on record. It is an admitted fact the complainant purchased the machine from opposite party for recording his business stocks and inventories. Ext.P1 is the invoice, produced before this Forum by the complainant. Notice served to the opposite parties, but opposite parties did not appear before this Forum. So they called absent and set ex parte.

 

(Cont.....3)

-3-

Hence the petition allowed. Opposite parties are directed to take back their defective machine Esse Ecr- Rs.810 and pay Rs.18,470/- to the complainant and also directed to pay Rs.10,000/- as compensation and Rs.3000/- as cost of the case to the complainant within 30 days of the receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default, till its realization.

 

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

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

 

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Jobin Jose

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Tax Invoice issued by opposite party

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

SENIOR SUPERINTENDENT