IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Saturday the 30^th day of  April, 2016.

Filed on 10.07.2015

Present

1.    Smt. Elizabeth George, President  

2.    Sri. Antony Xavier, Member 

3.    Smt. Jasmine.D. (Member)

in

C.C.No.213/2015

between

Complainant:-                                                                                Opposite Parties:-

Sri. Sibichan K.C,                                                                   1. The Oriental Mental India Pvt.Ltd,

Kallupathra house,                                                                      NH Bye Pass, Vytila, Cochin,

Kainakary East.P.O,                                                                   Pin. 632019,

Alappuzha,                                                                                  (Adv. Dhanya Babu, Ernakulam)

Pin.688501.                                                                            

                                                                                                2. Perfact Traders,

                                                                                                    New Bazar, Alappuzha,

                                                                                                    Pin. 688001.

O R D E R

SRI. ANTONY XAVIER (MEMBER)

         The complainant’s case in succinct is as follows:- The complainant on 12^th April 2013 purchased 44 blue colored G1 sheets of different measurement from the opposite parties for an amount of 60000/-. The assured guarantee to the said sheets. Strangely yet, on expiry of hardly six months the sheet developed rust and their color almost faded out. The complainant intimated this aspect to the opposite parties, and the opposite parties’ staff one Mr. Joseph came over to the complainant’s premise, and submitted a report in line with complainant’s case as to the sheets. The opposite parties assured the complainant that the sheet would be replaced. Thereafter on expiry of nearly two years, the opposite parties did not comply with what they said to the complainant. The complainant approached the opposite parties again, and a representative of the opposite parties was over again sent up. The complainant was assured that the sheets would be replaced within 15 days. This time to the opposite parties didn’t keep the word. On being aggrieved on this the complainant approached this Forum for compensation and relief.

            2. On noticed being served the opposite parties turned up, but were not keen on alleging the complainants’ case. With the result, the opposite parties were set ex- parte.

            3. The complainants’ evidence consist of the testimony of the complainant himself as PW1 and the testimony of the opposite parties’ former staff as PW2. The documents produced were marked as Exts.A1 and A2.  As have been already observed, the opposite parties have not made it a point to contend the complainant’s case.  

            4. Taking into account the complainant’s contention the issues that come up before us for consideration are:-

(a). Whether the complainant purchased the sheets from the opposite parties as claimed             

                  by him?

(b). Whether the complainant is entitled to any relief?

           5. Bearing lively in mind the complainant’s case, we carefully perused the pleadings, testimonies and other documents placed on record before us by the complainant. We meticulously went through Ext. A1 which markedly reveals that the complainant has purchased G1 sheets from the opposite parties. The testimonies of the complainant as PW1 and the deposition of PW2 substantiate the complainant’s case further. The opposite parties virtually caused the complainant run from pillar to post to get his grievances resolved. As we have already observed, the opposite parties neither turned up nor let in any evidence to challenge the complainant’s case. In the context of the complainant’s convincing case and in the premise of not disputing the same by the opposite parties, we are of the strong view that the complainant’s case stands well established and merit acceptance. It goes without saying that the service of the opposite parties is deficient. We need hardly say, they complainant is entitled to relief.

           6. In the light of the facts and circumstances discussed herein above the opposite parties are directed to replace the 44 sheets the complainant purchased from them. The opposite parties are further directed to pay to the complainant an amount of Rs. 1000/-(Rupees one thousand only) as compensation to the complainant for the deficiency of service committed by them. The opposite parties shall comply with the order of this Forum within 30 days of receipt of this order.

               In the result, the complainat is allowed accordingly. No order as to cost.

    Pronounced in Open Forum on this the 30^th day of April, 2016.

                                                                                    Sd/- Sri.  Antony Xavier (Member)

Sd/- Smt. Elizabeth George (President)

Sd/- Smt. Jasmine D (Member)

APPENDIX:-

Evidence of  the complainant:-

PW1                -           Sibichan.K.C (Witness)

PW2                -           Joseph.P.M (Witness)

Ext.A1                        -           Copy of the statement from Perfect Traders

Ext.A1                        -           Letter dated 20.11.2015

Evidence of the opposite parties:-  Nil.

//True copy//

                                                                                                                             By Order

                                                                                                                Senior Superintendent.

To

            Complainant/Opposite parties/SF

Typed by: Pr/-

Compd. By: