Date of filing : 28-01-2010 Date of order : 15-03-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 18/2010 Dated this, the 15th day of March 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Damodharan, Proprietor, Prajitha Jewellary Works, Palakunnu, Po. Bekal, Kasaragod. (Adv. Babu Chandran.K, Kasaragod) The Proprietor, Aishwaraya Scales, Kottath Building, Iritty Road, Mattanur, Kannur Dist. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Bereft of unnecessaries the case of the complainant Sri. Damodharan is that opposite party supplied him an electronic weighing machine at his shop at Palakkunnu for Rs.17,750/-. The machine was provided with 2 years guarantee. But within a few months the machine went out of order. Hence it was taken by opposite party for repair on 14-11-2009 and returned it on 30-11-2009. But it again became defective. Hence complainant requested the opposite party to replace the weighing machine since the defects caused much loss to him. But opposite party failed to replace the defective weighing machine. Hence he caused a lawyer notice to opposite party. On receipt of notice opposite party promised that he will replace the weighing machine. But it is not replaced so far. Hence the complaint seeking an order either the replacement of the defective weighing machine or the refund of its purchase value with compensation and cost. 2. The opposite party failed to appear before the Forum even after receipt of registered notice. Hence opposite party is set exparte. 3. Complainant examined as PW1 and Exts A1 to A3 marked. Heard the counsel for the complainant and documents perused. 4. The complainant as PW1 deposed that he is running the Jewellery workshop for his livelihood and the weighing machine was purchased in March 2009 It became defective within one month of its purchase and it was entrusted for repair with opposite party on 14-11-2009. Again it went out of order and even after repeated calls the opposite party neither ready to repair the defective weighing machine nor replace it with a new one and the defects of the machine caused him much mental sufferings. The opposite party brought the machine to his shop and the payment was made to opposite party from his shop. 5. The electronic weighing machines are used by the jewellery people to ascertain the weight of the precious metals like gold very accurately in milligrams. Even a slight variation in the weight may affect the credibility goodwill and reputation of a shopkeeper. No doubt that will often create delicate situations. Hence the complainant is entitled for the relief claimed. Therefore the complaint is allowed and the opposite party is directed to take back the defective weighing machine from the shop of the complainant in as is where is condition and refund its purchase price Rs.17,750/- and a compensation of Rs.3,000/- along with a cost of Rs.2000/-. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which Rs.17,750/- will carry interest @ 12% from the date of complaint till payment. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. 26-3-04 Invoice issued by OP. A2. 7-12-09 Copy of lawyer notice. A3. Postal acknowledgement card PW1. P.V.Damodaran Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
