PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 30th day of April 2012
Filed on : 01/03/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 114/2012
Between
Mini Jayalal, : Complainant
W/o. Jayalal, Vattathara house, (Party-in-person)
Gandhi Square,
Poonithura-682 038.
And
Proprietor, : Opposite party
Vairam Gold, (absent)
New Busstand Building,
Thripunithura, Pin-682 301.
O R D E R
C.K. Lekhamma, Member.
Brief facts of the complainant’s case are as follows:
The complainant purchased a one gram gold covered chain from the opposite party for an amount of Rs. 3,500/- on 28-09-2011. The opposite party has given 12 months warranty for the same. While so, after two months of its use some black spots appeared on the chain and the complainant approached the opposite party. The opposite party washed the ornament and returned the same. Again the same defects appeared. Again the complainant entrusted the chain with the opposite party on 03-02-2012. Even though the complainant approached the opposite party on several occasions with a request to return the chain the opposite party did not rectify the defects. The complainant is entitled to get refund of the price of the chain, compensation for mental agony and traveling expenses. Hence this complaint.
2. The complainant appeared in person. Despite receipt of notice from this Forum, the opposite party remained absent. Ext. A1. was marked on the part of the complaint. Heard the complainant.
3. The points that arose for determination are as follows:
i. Whether the complainant is entitled to get refund of the price
of the disputed chain from the opposite party?
ii. Compensation and costs if any.
4. Points Nos. i&ii.Ext. A1 bill shows the transaction between the parties and 12 months the warranty has been provided by the opposite party. As per the warranty terms and conditions the opposite party is contractually and legally liable rectify the defects. According to the complainant she has entrusted the defective chain with the opposite party to rectify the defects. But the opposite party did not take any positive steps. Moreover subsequently the defects were persisted. In the absence of any contrary evidence we are of the considered view that the opposite party has committed deficiency in their service. Therefore the complainant has to be compensated by the opposite party. We fix the compensation at Rs. 1,000/- The recurring defects of the ornament goes to show; that the same suffers from manufacturing defect. Therefore the complainant is entitled to get refund of the price of the disputed chain from the opposite party. Moreover the opposite party ought to have settled the dispute at the very outset. Hence the opposite party is directed to pay litigation costs to the complainant.
6. In the result, we allow the complaint and direct that the opposite party shall refund Rs. 3,500/- being the price of the disputed chain to the complainant, together with Rs. 1,000/- by way of compensation and Rs. 250/- towards litigations costs.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order, failing which the said amount shall carry 12% interest p.a. from the day fixed for compliance of this order till realization.
Pronounced in the open Forum on this the 30th day of April 2012
Sd/-
C.K. Lekhamma, Member.
Sd/-
A Rajesh, President.
Sd/-
Paul Gomez, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of cash/credit bill
Opposite party’s Exhibits : : Nil
Copy of order despatched on:
By Post : By Hand:
