1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) The complainant Sri.C.J. Thankachan has filed the complaint before the Forum alleging deficiency of service on the part of the opposite party Proprietor M/s. National Radio and Electricals; Y.M.C.A. Road, Alappuzha. The case of the complainant is as follows:- The complainant had purchased a VCD from the opposite party,s firm after paying the price of the product. It was in the brand name of Sony Company and the warranty was for a period of six months. But the set became defective; and the complainant get back the set after curing the defects from the opposite party. Again it became defective and rectified through the service of the opposite party. Every time, at the time of rectifying the defects, the opposite party issued a card to the complainant after putting the number and date. The opposite party had collected a sum of Rs.1300/- from the complainant on 20.3.07 vide receipt No.141. On 29.8.07, the complainant entrusted the set with the opposite party for rectification of the defect of the set and opposite party has noted the number as 719 in the card on 3.9.07 the complainant contacted the opposite party in order to collect the set. But he has not obtained the set since the opposite party has not rectified the set. Till the filing of this complaint, the complainant has not obtained the set. Hence the complaint before this Forum. 2. Notice was issued to the opposite party. It was accepted by the opposite party on 9.10.07. He appeared before this Forum once and was absent on every adjournments. Considering his absence, he was set ex-parte on 14.2.208. 3. Considering the contentions of the complainant this Forum raised issue whether there is any deficiency of service on the part of the opposite party. 4. The complainant has filed proof affidavit and produce 2 documents and marked as Exts.A1 and A2. Ext. A1 is the original bill No.141 dt. 20.3.07 for Rs.1300/- issued by the opposite party in favour of the complainant. Ext.A2 is the card noticing the No. and date by the opposite party at the time of rectification of the set. After perusing the complaint documents filed by the complainant, and a detailed hearing, we are of the view that, there is deficiency of service and unfair trade practice on the part of the opposite party and the complaint is to be allowed. In the result we are directing the opposite party to pay back the service charge of Rs.1300/- collected by him at the time of entrusting the set for removing the defects, along with 10% interest, together with the compensation of Rs.2,000/- (Rupees two thousand only) and a cost of Rs.1000/- (Rupees one thousand only) to the complainant. We further direct the opposite party to pay the said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 10th day of April, 2008. Sd/- SRI. K. ANIRUDHAN: Sd/- SRI. JIMMY KORAH : Sd/- SMT. N. SHAJITHA BEEVI : APPENDIX:- Evidence of the complainant:- Ext.A1 - Original Bill No.141 dt. 20.3.07 for Rs.1300/- Ext.A2 - Card Evidence of the opposite party:- Nil
