Order No. 08 Dt. 11.05.2015
This is an application under section 12 of the Consumer Protection Act, filed by the petitioner Mostafa Khan praying for an order directing the opposite parties for his claim of Rs.5550/- along with mental agony and harassment and the professional loss including Rs. 91630/- in all.
The case of the petitioner is that he purchased one Monitor amounting to Rs. 5550/- from Shivam Enterprise on 15.01.2011. The warranty period was 3 years from the date of purchase. On 17.10.2013 the said monitor was not working properly. So he deposited the said monitor to LG Authorized Service Center, Nucleous Services. They told me that after seven days they will return back the said monitor after repairing. On 25.10.2013 the complainant went to the said service centre and the service centre told him that the parts are not available. On 31.01.2014 the petitioner demanded the money of the said monitor.
He also had talk over helpline but in vain. Firstly they assured that the cheque will be issued. He again called on 22.05.2014 being Register I D No. RNA140521000682. The O.Ps are not replacing the new monitor and he prayed before this Forum to return back a fresh Monitor or Rs.5550/- and Rs.84000/- for his financial loss of his business.
The notice was sent to O.P. Nos. 1, 2 and 3 and the notice was sent by registered post and 30 days is already expired and thereafter the order has passed for ex parte hearing.
The petitioner examined himself and filed the documents i.e. the purchase receipt which is marked Ext.2, Deposit Slip of the said monitor to the Neucleous Services, LG Authorized Service Centre, Ext.-1, warranty papers Ext.-3.
This petitioner is examined and he stated this case on dock and submitted that he purchased one Monitor amounting to Rs. 5550/- from Shivam Enterprise on 15.01.2011. The warranty period was 3 years from the date of purchase. On 17.10.2013 the said monitor was not working properly. So he deposited the said monitor to LG Authorized Service Center, Nucleous Services. They told me that after seven days they will return back the said monitor after repairing. On 25.10.2013 the complainant went to the said service centre and the service centre told him that the parts are not available. On 31.01.2014 the petitioner demanded the money of the said monitor. He also had talk over helpline but in vain. Firstly they assured that the cheque will be issued. He again called on 22.05.2014 being Register I D No. RNA140521000682. The O.Ps are not replacing the monitor and he prayed before this Forum to return back a fresh Monitor or Rs.5550/- and Rs.84000/- for his financial loss of his business.
The corroboration of the fact of the petition on dock established that he purchased the monitor along with other computer parts and the monitor valued about Rs.5550/- and this Ext.-2 established the purchase from the O.P 3. The Ext.-1 speaks and establish that after purchase there is a defect in the monitor and within the warranty period he deposited the same on 17.10.2013 i.e. Ext.-1. Ext.-3 speaks that the warranty period was 3 years. No iota of papers filed by the petitioner regarding his shop and we are not in a position to rely regarding the damage of Rs.84000/-. But the fact remains that the O.Ps has not replaced the monitor which was defective from the very beginning and it was within the warranty period. So we think that the petitioner is able to prove the purchase of the monitor from the O.P. No.3 and both O.Ps. Nos. 1, 2 and 3 are jointly liable to return the amount of Rs. 5500/-.
Hence, ordered
that the D.F. C Case No. 79/2014 is decreed ex parte with cost. All the three O.Ps are jointly and severally liable to pay Rs. 5550/- to the petitioner within 60 days from the date of the order failing which the amount will carry 9% interest from the date of filing of this case and failing which the petitioner would be at liberty to put the decree in execution.
Let a copy of the order be given to the petitioner and send to O.P. Nos. 1,2 and 3 through registered post as the case is disposed of ex parte against them.
