IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 470/09 DATED 06.01.2010<br /> ORDER<br /> <br /> Complainant Anandha Pintoo, No.19, 3rd Main Road, Mahadeshwara Nagara, Vijayanagara 2nd stage, Mysore-570016.<br /> <br /> (In person)<br /> <br /> Vs. <br /> Opposite Party Sri K.C. Jagadish, Power Motor Micro Systems, No.6/106, Near Prabha Rice Mill, Anjanayya Block, Arkanath Road, K.R. Nagar,-571602. <br /> ( Exparte)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 14.12.2009<br /> Date of appearance of O.P. : <br /> Date of order : 06.01.2010<br /> Duration of Proceeding : <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainant has filed the complaint against the opposite party, seeking a direction to refund the price of UPS and Battery with interest thereon and also the cost of the proceedings.<br /> <br /> 2. It is alleged in the complaint that, the complainant had purchased UPS and Battery from the opposite party. From July 2009, same are not working. Complainant requested the opposite party to repair the same in person and over phone, many a times. Even several letters were written. There is no response from the opposite party. Registered notice was also sent. The opposite party is postponing in attending the grievance of the complainant. The complainant has suffered mentally and monetarily a lot. On these grounds, it is prayed to allow the complaint.<br /> <br /> 3. Despite due service of notice, the opposite party has remained exparte.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed his affidavit and certain documents are produced. We have heard the complainant and perused the records.<br /> <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Partly affirmative.<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> 7. Point no. 1:- To prove the fact that the complainant has purchased the UPS and Battery from the opposite party the complainant has stated that fact in his affidavit and also has produced the original cash bill dated 16.03.2008.<br /> <br /> 8. In the said cash bill, in respect of UPS and Battery, guarantee for a period of 3 years from the date of supply is mentioned. The complainant has claimed that from July 2009, the UPS and Battery are not functioning. Also, he claims, thereafter in person and over phone made many requests to the opposite party to repair the UPS and Battery and even wrote several letters. But, there was no response from the opposite party. Also, it is claimed by the complainant that, he had sent registered letter to the opposite party, which returned undelivered with an endorsement no such address. Then the complainant ascertained the address of the opposite party and again sent registered letter. That was served, but the opposite party has not complied with the grievance of the complainant. These facts alleging in the complaint and stated by the complainant in affidavit are supported by certain documents. Further more, the opposite party despite of service of the notice of the complaint, as remained exparte. Under these circumstances, we have no reasons to disbelieve the claim made by the complainant.<br /> <br /> 9. As mentioned in the cash bill, the opposite party has given guarantee for 3 years in respect of the UPS and the Battery. When the UPS and the Battery are not working during the guarantee period, the opposite party is bound to repair the same or replace or else to refund the amount.<br /> <br /> 10. Considering the facts and the evidence on record, complainant has proved deficiency in service on the part of the opposite party. Accordingly our finding on the point is partly in affirmative.<br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to repair the UPS and the Battery, which are subject matter of the present complaint, to the satisfaction of the complainant within one month from the date of the order.<br /> 3. If the UPS and the Battery are not repaired satisfactorily then the opposite party is hereby directed to replace the same with same capacity along with guarantee for the period in respect of the UPS and the Battery, which are the subject matter of the present case, within 45 days from the date of the order.<br /> 4. If, for any reason opposite party is not able to comply the above directions then he shall refund Rs.10,000/-, the price of UPS and Battery to the complainant with interest at the rate of 12% p.a. from July 2009 till realization of the entire amount within two months from the date of this order.<br /> 5. Further, opposite party hereby directed to pay a sum of Rs.2,000/- compensation towards mental agony and inconvenience caused within two months from the date of this order.<br /> 6. Likewise, the opposite party shall pay a sum of Rs.500/- towards the cost of the present proceedings.<br /> 7. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 6th January 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br />