D.O.F. 01.10.2010
D.O.O. 04.12.2010
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. K.P.Preethakumari : Member
Smt. M.D.Jessy : Member
Dated this the 4th day of December, 2010.
C.C.No.244/2010
Neera K.
Marva Quarters, : Complainant
Kudukkimotta, P.O. Kanhirode,
Kannur
Cosmo Plastics & Crockery,
New Store Junction, : Opposite party Camp Bazar, Kannur
O R D E R
Smt. M.D. Jessy, Member
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986 for getting compensation of an amount of ` 3000.
The material averment contained in the complaint is as follows. The opposite party is conducting a crockery shop at Kannur in the name Cosmo Plastics and Crockery. On 31.07.2010 complainant purchased a thermoflask from the shop of opposite party by paying ` 660. In the same night complainant kept hot water in the flask and found when it was opened in the morning that the water became cold. Since the flask is defective the complainant returned the same to the opposite party and intimated about the defect of the flask. As per the direction of opposite party complainant kept the flask at the shop of opposite party for testing the same. The complainant went to the shop next day but opposite party told that the heat will be last only for six hours, and that too if the flask is completely filled with hot liquid. The complainant further submits that the contention of opposite party is not correct. Complainant alleges that the flask did not have the capacity to preserve the heat since it was defective. So the complainant demanded the opposite party to pay the purchase price after taking back the defective flask. Opposite party was not amenable for the same. Hence this complaint.
On receiving the complaint notice issued to the opposite party. The opposite party has not appeared before the Forum. Then opposite party was called absent and set exparte.
On the above pleadings the following issues were raised for consideration.
1. Whether there is any deficiency of service on the part of opposite party?
2. Relief and cost.
The evidence consists of oral evidence of the complainant and Ext.A1 marked.
Issue No.1 :
The oral evidence adduced by the complainant in tune with his pleadings in the complaint. The material allegation in the complaint is that on 31.07.2010 complainant purchased a thermo flask from the shop of opposite party by paying ` 660. In the night complainant filled hot water in the flask and when it was opened in the morning she found heat of the water was lost. It can be seen that complainant raised the question of defect with in the week from the date of purchase. It was the duty of the dealer to rectify the defect or replace the good, when complainant returned the same due to the lack of required standard of particular product. Here the flask is meant for preserving hot liquid. Since the flask is defective the complainant returned the flask to the opposite party intimating the same. The opposite party could have solve the issue but opposite party was not ready to do so. We hold that the act of the opposite party amounts to deficiency in service. Hence issue No.1 is answered in favour of the complainant.
Issue No.2 :
The evidence consists of solitary testimony of the complainant and the document which is marked as Ext.A1. Since the flask is defective opposite party is liable to return the value of product on return of the flask. From Ext.A1 it is seen that some deduction was given in the price of the flask. So the opposite party is directed to pay ` 610 towards the price of flask and to take back the flask from complainant. Complainant is also entitled for an amount of ` 250 towards litigation expenses.
In the result complaint is allowed directing the opposite party to pay ` 610 (Rupees Six hundred and ten only) towards value of the flask taking back the defective one and ` 250 (Rupees Two hundred and fifty only) towards litigation expenses within one month from the date of receiving this order failing which the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Cash memo dated 31.07.2010.
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1. Complainant
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
