Kerala

Kozhikode

414/2005

AHAMMED PUTHALATH - Complainant(s)

Versus

MUGAL TILES AND SANITARY - Opp.Party(s)

JOY ABRAHAM

30 Jan 2009

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. 414/2005

AHAMMED PUTHALATH
...........Appellant(s)

Vs.

MUGAL TILES AND SANITARY
COCHIN BLIMMERSPLTD
...........Respondent(s)


BEFORE:
1. G Yadunadhan B.A.2. Jayasree Kallat M.A.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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By G. Yadunadhan, President:

 

            The case of the complainant is that he had purchased a water tank from opposite party No.1 for Rs.14,500/-.  At the time of purchase, opposite party No.1 offered 10 years warranty.  To that effect issued a warranty card.  The same was fixed as per the direction of opposite party No.1.  After a lapse of 6 months from fixation, it was seen leaking.  This fact intimated to the opposite party No.1.  Opposite party had refused to replace the same.  Hence complainant is seeking relief against opposite parties 1 and 2 to replace the defective tank and also to a compensation of Rs.25,000/- with costs.

 

            Opposite parties 1 and 2 appeared and filed version.  They denied the allegation made by the complainant.  Thereafter the case specifically posted for cross-examination of the complainant on 27.1.2009.  On that day opposite parties 1 and 2 called absent and set exparte.  Complainant filed affidavit and Exts. A1 to A3 were marked.  From the affidavit and Exts. A1 to A3, complainant’s case is proved.

 

            In the result petition is allowed and the opposite parties 1 and 2 are directed to refund an amount of Rs.14,500/-, the value of the tank and also to pay a compensation of Rs.5,000/- to the complainant with no costs.  Opposite parties 1 and 2 are jointly and severally liable to compensate the petitioner.

 

            Pronounced in open Court this the 30th day of January 2009.

 

                                    Sd/-President                                  Sd/-Member


 

 

 

 

APPENDIX

 

Documents exhibited for the complainant:

 

A1            Photocopy of Bill No.1221 dated 24.8.2004 for Rs.14500/-.

A2            Warranty card.

A3            Photocopy of lawyer notice along with postal receipt and acknowledgement.

 

Documents exhibited for the opposite parties:

 

 Nil.

 

Witness examined for the complainant:

 

PW1            Ahamed Puthalath, S/o. Moosa – Complainant.

 

Witness examined for the opposite parties:

 

None.

 

-/True copy/-

 

Sd/-President

 

(Forwarded/By Order)

 

 

 

Senior Superintendent.

 

 

 

 




......................G Yadunadhan B.A.
......................Jayasree Kallat M.A.