D.o.F:7/12/2010
D.o.O:28/2/2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO. 263/10
Dated this, the 28th day of February 2011
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
Chandra Nayak
S/o Narayana Nayak,
R/at Kukkila House, Maire Po, : Complainant
Kasaragod
(Adv.Kumaran Nair,Hosdurg)
N.K.Muthu Kumar, M/s V.V.Pumps,
834,KK Lane No.1 Avenashi Road, : Opposite party
Coimbatore-64118.
(Exparte)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
Complainant purchased a submersible pump set from opposite party for ` 9250/- on 12/4/2010 on the assurance that 9 sprinkles can be used at a time simultaneously with the said pump. But when it is installed he could see that only 3 sprinkles could be operated. He intimated this fact to opposite party. Opposite party sent his agent and on inspection the service personnel told that if he would pay ` 2000/- more opposite party will replace the said pump with a 3 HP submersible. Complainant replaced 3 HP submersible pump set by spending ` 2500/- additionally. But he could realize that the second pump supplied was inferior in quality and poor in performance and which can also used for operating only 3 sprinkles at a time. The complainant again contacted opposite party and informed his problems. Opposite party assured that he would send another service personal to rectify the problem. But he did not honour the said assurance. Later opposite party deliberately avoided attending calls of the complainant. Complainant then caused a lawyer notice to opposite party. On receiving the notice opposite party contacted the complainant and assured to rectify the defects. But he did not send any service personnel to repair the pump set. The pump set is now kept idle. Hence the complainant claiming refund of ` 11698/- with a compensation of ` 10000 /- and costs of the proceedings .
Though notice issued by registered post by acknowledgment due has been served on opposite party, he remained absent. Hence opposite party had to be set exparte.
Complainant filed proof affidavit as Exts.A1 to A5 marked. Counsel for complainant heard and documents perused.
The complainant as PW1 in his proof affidavit reiterated what is stated in the complaint
There is absolutely no contra evidence to disbelieve the case of complainant.
Hence the complaint is allowed and the opposite party directed to take back the 3 HP submersible pump set in as is where is condition and repay ` 11698/- together with a compensation of ` 3000/- and a cost of ` 3000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which ` 11698/- will carry interest @12% from the date of complaint till payment.
Exts:
A1- dt.12/4/10-cash bil
A2 & A3-receipts
A4- Copy of lawyer notice
A5-AD card
MEMBER PRESIDENT
eva
