BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.422/11
Dated this the 30th day of April 2012
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt. Jayasree Kallat, M.A. : Member
Sri. L. Jyothikumar, B.A., LLB. : Member
ORDER
By G.Yadunadhan, President.
The case of the complainant is that complainant had purchased a Magic Cook from the opposite parties for Rs.4950. At the time of purchase the opposite party made to believe the complainant that it is a good quality one and having 7 years replacement warranty and they will do repair works periodically. There after in several occasion Magic Cook was defective and send for repair. Due to the continuous repair complainant demanded to replace the same for a fresh one. But opposite party so far not replied. Therefore complainant seeking relief against opposite parties to return back the purchase price of Rs.4950/- along with compensation.
Opposite party No.1 notice returned. Opposite party -2 notice received called absent and set exparte. When the case is posted to take steps against opposite party-2 , complainant was absent . Forum specifically directed complainant to appear before this forum for taking steps against opposite party and to take substitute service. On that way also complainant has not turned up. Hence case is taken for orders on merit.
Pointes for consideration-
Whether complainant is entitled to get any compensation from the opposite parties?.
Complainant was not examined, not filed affidavit but some documents produced and marked as Ext. A1 to A5. Opposite party -1 was called absent and set exparte. Opposite party-2 notice returned. Complainant has not taken substitute service against opposite party. On perusal of Ext.A1 to A5 purchase of the magic cook was proved. But the defect of the magic cook rectified or replaced no evidence. But actually if there is a defect in magic cook this truth will come out from only the complainant’s mouth. But he has not turned up so far. In absence of the complainant forum can not go beyond the purview of this act. Complainant has miserably failed to prove their case. Under these circumstance we are of the opinion that complainant is liable to be dismissed without any costs.
Pronounced in the open court this the 30th day of April 2012.
Date of filing;28.10.2011.
SD/- PRESIDENT SD/- MEMBER SD/-MEMBER.
APPENDIX
Documents exhibited for the complainant:
A1. Photocopy of the order Form of premier Majic Cook dtd.26.01.07
A2.Photocopy of the warranty letter dtd.04.02.07
A3.Photocopy of the Acknowledgement letter dtd.01.08.07.
A4.Photocopy of the Acknowledgement letter dtd.17.08.07.
A5. Copy of the acknowledgment letter dtd. 02.04.08.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
Nil
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
