IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 22nd day of January, 2014.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No.141/2013 (Filed on 05.11.2013)
Between:
Raveendran Nair. N,
S/o. Narayanan Nair,
Vijaya Bhavan,
Puthumala.P.O.,
Parakodu, Adoor,
Pin – 691 554. ….. Complainant
And:
N.S. Arun, Manager,
Sharan Health Care,
B-7, K.N. Arcade,
Kelamangalath Cross Road,
SRN Road,
Cochin – 682 018. ….. Opposite party
O R D E R
Smt. K.P. Padmasree (Member):
Complainant Sri. Raveendran, Vijaya Bhavan, Puthumala, Adoor has filed this complaint before the Forum for getting a relief from the Forum.
2. Brief facts of the case is as follows: Complainant is a pensioner having 64 years old. He is suffering from breathing problem and he is under the treatment of Amrutha Hospital, Kochi. While so, doctor diagnosed that the breathing problem is due to his difficulty to breath through nose. Doctor advised him to use a breathing Nasal mask. As per the direction of the doctor, complainant approached the opposite party and paid Rs.66,000/- on 21.05.2012 for the mask. Opposite party delivered the musk to the complainant with 2 years warranty.
3. While using the said mask complainant’s suffocation not cured and his difficulty in breathing occurred continuously from 14.08.2013 onwards. Complainant again approached the doctor and the doctor informed that it is due to the complaint of the breathing mask and he directed the opposite party either to replace the mask or to rectify the defect and further directed opposite party to give a spare mask for the time being.
4. Complainant contacted with the opposite party directly and through telephone for rectifying the defect. But he had not done anything. While so, on 19.09.2013 an agent of the opposite party Mr. Sreekumar.P came and taken the mask from the complainant and assured that within 2 days either the defects will be rectified or it will be replaced. Thereafter on 10.10.2013 complainant contacted the opposite party and then they told that the mask is sent to Bangalore and it will be returned soon. But so far it is not returned back. So the complainant is compelled to purchase another mask for his use. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for getting the price of the mask Rs.66,000/- along with Rs.34,000/- as cost and compensation.
5. In this case, even after receiving the notice opposite party has not turned up and hence opposite party is declared as exparte.
6. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
7. The evidence of this complaint consists of the proof affidavit filed by the complainant and Exts.A1 to A4. After closure of evidence, complainant was heard.
8. The Point:- The allegation levelled against the opposite party is that the complainant purchased a ‘Breathing Mask’ from the opposite party’s by paying Rs.66,000/-. Product was delivered with 2 years warranty. While using the mask the breathing problem is not cured and the doctor informed that it is due to the complaints of the mask and directed opposite party either to rectify the defect or to replace the mask and further directed to provide a spare musk for the time being. Accordingly the complainant contacted the opposite party several time through telephone and directly demanding the replacement of the mask. Finally on 19.09.2013 they collected the mask from the complainant assuming to return it within 2 days. But so far it is not returned or replaced. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. Opposite party is liable to the complainant for the same and hence the complainant prays for allowing the complaint.
9. In order to prove the case of the complainant, complainant filed a proof affidavit along with 4 documents, which is marked as Exts.A1 to A4 on the basis of the proof affidavit. Ext.A1 and Ext.A1(a) are the visiting cards of the opposite party. Ext.A2 is the delivery chalan dated 21.05.2012 issued by the opposite party in connection with the sale of the mask. Ext.A3 is the warranty card issued by opposite party. Ext.A4 is the delivery chalan dated 19.09.2013 showing the acceptance of the mask for servicing by the opposite party.
10. From the available evidence, it is seen that complainant had purchased a breathing mask on 21.05.2012 by paying Rs.66,000/-. According to the complainant, it is defective and the opposite party has not cured the defect or replaced it in spite of his repeated demands selling defective product and the non-redressal of the grievances of the customer by the service providers is a clear deficiency in service and an unfair trade practice. Since opposite party is exparte, complainant’s case stands proved as unchallenged. Therefore, we find that opposite party had committed deficiency in service and unfair trade practice. Since the dispute is in respect of a breathing mask, opposite party deserves no leniency. Therefore this complaint is allowable as prayed for.
11. In the result, this complaint is allowed, thereby opposite party is directed to pay an amount of Rs.1,00,000/- (Rupees One Lakh only) the price of the mask, compensation and cost as prayed for in the complaint within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount ordered herein above with 10% interest from the date of filing of this complaint till the realization of the whole amount.
Declared in the Open Forum on this the 22nd day of January, 2014.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant:
A1 & A1(a) : Visiting cards of the opposite party.
A2 : Delivery chalan dated 21.05.2012 for Rs.66,000/- issued by the
opposite party in the name of the complainant.
A3 : Warranty card issued by opposite party.
A4 : Delivery chalan dated 19.09.2013 showing the acceptance of the
mask for servicing.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Raveendran Nair. N, Vijaya Bhavan, Puthumala.P.O.,
Parakodu, Adoor, Pin – 691 554. (2) N.S. Arun, Manager, Sharan Health Care, B-7, K.N. Arcade,
Kelamangalath Cross Road, SRN Road, Cochin – 682 018.
(3) The Stock File.
