BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of May 2012
Filed on : 18/04/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member
Smt. C.K. Lekhamma, Member
C.C. No.241/2012
Between
V.N. Muraleedharan,Vailappally Illam, : Complainant
Vennala P.O., Kochi-682 028. (Party-in-person)
And
1. Proprietor, : Opposite parties
Shajith Enterprises, (1st O.P.absent)
Parapurat building,
Opp. to Wadakkencherry Police
Station, Wadakkencherry P.O.,
Thrichur – 680 589.
2. Proprietor,
Phoenix Technologies (Relief against the 2nd O.P. not
(G.Tech) House No. 36, Pressed)
Happy Dale, ground floor,
CC 58/1532/1533,
Koithara road,
Southpanampilly Nagar,
Kochi-682 036.
O R D E R
A Rajesh, President.
The undisputed facts are the following:
The complainant booked an induction cooker with the 2nd opposite party on 14-01-2012 and subsequently on 18-01-2012 the 2nd opposite party delivered the same at the complainant’s and collected the total price of Rs. 3,992/- from the complainant. The product went out of order within 2 weeks from the date of purchase. The complainant approached the opposite parties either to replace the gadget with a new one or to get refund of the price of the same. But they failed to do so. Thus the complainant is before us seeking direction against the opposite parties to replace the product with a new one with ISI mark or to refund its price together with compensation.
2. Despite service of notice from this Forum the first opposite party opted not to contest the matter for their own reasons. The complainant has not pressed any relief against the 2nd opposite party further. No oral evidence was adduced by the complainant. Exts. A1 to A6 were marked on his side. Heard the complainant who appeared in person.
3. The points that came up for consideration are
i. Whether the complainant is entitled to get a new product with
ISI mark or to get refund of the price of the product?
ii. Whether the 1st opposite party is liable to pay compensation
to the complainant?
4. Point No. i. Admittedly the complainant purchased the induction cooker from the 2nd opposite party which was manufactured by the 1st opposite party at a price of Rs. 3,992/- evidenced by Ext. A1 cash receipt. One year full warranty and two years free service warranty have been provided by the 1st opposite party evidenced by Ext. A4 warranty card. According to the complainant since the machine went out of order, he repeatedly requested the opposite parties either to replace the same with a new one or to refund its price. The complainant sent Ext. A5, A6 e-mails to the opposite party highlighting his grievances. But they paid no attention towards the legitimate demand of the complainant. According to the complainant lured by the assurances and representations of the 2nd opposite party he happened to purchase the product which was thereafter unsustained. The case of the complainant remains unchallenged and unrebutted and there is no reason to disbelieve the case of the complainant especially so the opposite parties miserably failed in responding to Exts. A5 and A6 letters and to the notice issued from this Forum for reasons of their own unexplained. The above conduct of the opposite party itself amounts to deficiency in service on their part. According to the Hon’ble National Consumer Disputes Redressal Commission a frustrated consumer is entitled to get refund of the price of the gadget. Sony Ericson India Ltd. V. Ashish Agarwal (iv) 2007 CPJ 294 NC for reasons of their own unexplained. Therefore the complainant is entitled to get refund of the price of the gadget from the 1st opposite party.
5. Point No. ii. The speaking conspicuous absence of the 1st opposite party speaks volumes for which they are liable squarely. A consumer who believing in the promises of the manufacturer has been put to unnecessary irreparable loss which is answerable. This calls for compensation. We fix at Rs. 2,000/-.
6. In the result, we allow the complaint in part and direct as follows:
i. The 1st opposite party shall refund the price of the gadget as per Ext. A1 together with interest @12%p.a. from 18-01-2012 till realization.
ii. The 1st opposite party shall also pay Rs. 2,000/- to the complainant towards compensation for the reasons stated above.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of this order
Pronounced in the open Forum on this the 31st day of May 2012
Sd/-
A Rajesh, President
Sd/-
Paul Gomez, Member.
Sd/-
C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits:
Ext. A1 : Copy of Cash/credit .
A2 Copy of order form dt.14/10
A3 : Copy of brochure
A4 : Copy of consumer copy
A5 : Copy of G-mail dt. 06-03-2012
A6 : Copy of letter dt. 31-03-2012
Opposite party’s exhibits: : Nil
