IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday, the 31st day of March, 2016
Filed on 16..06.2016
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt.Jasmine.D (Member)
in
C.C.No.196/2016
Between
Complainant: - Opposite parties:-
Smt. Mallika Ammal 1. Sri. Noushad
W/o Anandanarayana Sharma Sanfaply Marketting (HO)
Lakshmisree Doors&Hardwares
A.N.Puram West Kongini chudukadu,
Alappuzha Junction, xvII/4214 Thirumala, A. N. Puram
Alappuzha
2. M/S Styles Doors
VI/838(3), Seaport
Airport Road,
Thirkkakkara.P.O
Kochi-21
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant approached the 1st opposite party for purchasing 2 bath room doors. The complainant has ordered for one PVC Stylex door and an ordinary PVC door. The opposite parties has assured to fix the door. The cost of PVC Stylex door is Rs. 6,500/- and for the other door is Rs. 1,800/-. The complainant paid on amount of Rs. 6,500/- in advance on 8-04-2016 and the opposite party issued receipt for the same. Even though the opposite party assured to fix the door within 4 days, it has been fixed after 2 weeks. But one door was not fixed properly and it was difficult to close. The complainant requested the opposite party to fix it properly. The opposite party has sent the staff for rectifying the defect, but the person carved on both sides of the doors and disfigured it also it was difficult to close. There after the complainant requested the 1st opposite party to replace the door. Even though the 1st opposite party promised to replace the door but so far it has not been replaced. The complainant has sent a notice to the opposite party on 1-6-2016 demanding replacement of the bath room door but the same was not accepted by the opposite party. The complainant sustained much mental agony and hence filed this complaint.
2. Notice was served to the opposite parties but they did not appear before the Forum and hence opposite parties 1 & 2 were set ex-parte.
3. Complainant filed proof affidavit and documents Ext.A1-A3 were marked.
4. Considering the allegations of the complainant the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of opposite parties?
2) Whether the complainant is entitled to get relief as prayed for?
5. Issues 1and 2:- The case of the complainant is that the complainant purchased 2 bath room doors from the 1st opposite party and one of the door was manufactured by the 2nd opposite party and the cost of the door is Rs.6,500/- and the complainant paid the amount in advance. There after the 1st opposite party fixed the door, but the same was not fixed properly therefore it was unable to close properly. Later 1st opposite party has sent his staff to fix the door properly, but the persons disfigured the door and also it was difficult to close and the complainant requested to replace the door. Even though the opposite party promised to replace the door but the same has not been replaced. Hence this complaint.
6. Complainant filed proof affidavit and documents Ext. A1-A3 were marked. Ext.A1 is the receipt, Ext.2 is the envelop to containing notice and the Ext.A3 is the copy of notice.
7. From Ext.A1 it can be seen that the complainant had ordered for 2 doors for a total amount of Rs.8,300/- and out of this Rs. 6,500/- was paid in advance. According to the complainant one of the supplied doors had defect and when she reported about the defect, the 1st opposite party offered to replace the same but so far it has not been replaced. Even though notice was served to the opposite parties they did not appear before this Forum. In this context the Forum has no other way but to appreciate the evidence produced by the complainant Since the opposite party has failed to replace the defective door they have committed deficiency in service. So, the complainant is entitled to get it replaced and at the same time it is evident that the complainant has to pay the balance amount Rs.1800/- to the opposite parties and they are at the liberty to collect the amount from the complainant and ordered accordingly.
In the result the opposite parties are directed to replace the defective door with a new one. And the complainant is directed to remit the balance amount due Rs. 1800/- (One Thousand Eight Hundred only) to the opposite parties simultaneously. The opposite parties are further directed to pay an amount of Rs. 750/- towards the costs of this proceedings. The order shall be complied with in one month from the date of receipt of this order.
Pronounced in Open Forum on this the 31st day of October 2016.
Sd/-Smt. Jasmine.D. (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext. A1 - Receipt from Opposite party Dtd.08/04/2016
Ext. A2 - Registered post with A/D
Ext. A3 - Copy of Notice and Postal receipt
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- br/-
Compared by:-
