IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 19th day of October, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No.135/2012 (Filed on 04.08.2012)
Between:
K.R. Balan Pillai,
Bindu Stores,
Manimala.P.O.,
Moongani – 686 543. …. Complainant
And:
Oliviya Group,
Opp. Karikkineth,
Adoor. …. Opposite party.
O R D E R
Sri. Jacob Stephen (President):
Complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that he had purchased an inverter from the opposite party on 14.09.2011. The opposite party also assured one year warranty for the said inverter as per the warranty card issued at the time of purchasing the inverter. The said inverter became damaged within the warranty period. So the complainant contacted the opposite party several time for rectifying the complaints of the inverter. But the opposite party did not turned up for rectifying the defects of the inverter. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant and the opposite party is liable to the complainant for the same. Hence this complaint for an order directing the opposite party either to replace or to rectifying the defects of the defective inverter or for the realization of ` 7,000 from the opposite party as compensation etc.
3. The complainant filed this complaint against 2 opposite parties. Later, the 2nd opposite party is deleted from the party array as per order in I.A.No.132/12 filed by the complainant. The remaining opposite party has not turned up and hence he was declared as exparte.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral testimony of the complainant as PW1 and Exts.A1 and A2. After closure of evidence, complainant was heard.
6. The Point:- The complainant’s allegation against the opposite party is that the inverter purchased by the complainant from the opposite party became defective within its warranty period and the opposite party has not rectified the defects of the inverter inspite of the request of the complainant. According to the complainant, the above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant.
7. In order to prove the case of the complainant, the complainant adduced oral evidence as PW1 and 2 documents were produced, which are marked as Exts.A1 and A2. Ext.A1 is the carbon copy of the bill No.1305 dated 14.09.2011 for ` 2,900 issued by the opposite party in the name of the complainant showing the sale of the inverter. Ext.A2 is the warranty card issued by the opposite party in respect of the inverter.
8. Since the opposite party is exparte, the complainant’s case stands proved as unchallenged. The alleged acts of the opposite party is found as a clear deficiency in service. So the opposite party is liable to the complainant and hence this complaint is allowable.
9. In the result, this complaint is allowed thereby the opposite party is directed to rectify the defect of the complainant’s inverter free of cost and if it is found not repairable, to replace the defective inverter with a brand new inverter of the same kind and brand within 10 days from the date of receipt of this order. The opposite party is further directed to pay an amount of ` 2,500 (Rupees Two Thousand Five hundred only) as compensation and ` 500 (Rupees Five hundred only) as cost to the complainant. In the event of the non-compliance of this order by the opposite party, the complainant is allowed to realize a total amount of ` 6,000 from the opposite party being the cost of the inverter and compensation and cost 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 19th day of October, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Balan Pillai. K.R
Exhibits marked on the side of the complainant:
A1 : Carbon copy of the bill No.1305 dated 14.09.2011 for
` 2,900 issued by the opposite party in the name of the
complainant.
A2 : Warranty card issued by the opposite party
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) K.R. Balan Pillai, Bindu Stores, Manimala.P.O.,
Moongani – 686 543.
(2) Oliviya Group, Opp. Karikkineth, Adoor.
(3) The Stock File.
