BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> O.P.No. 507/2003 Filed on 30.12.2003<br /> Dated : 15.05.2008<br /> Complainant:<br /> Reuben Varghese, CRRA 41, “Sharon”, Chalakuzhy Road, Pattom P.O, Thiruvananthapuram – 4. <br /> Opposite party:<br /> Proprietor/Manager, Starwin Electro Systems, Alamcode, Attingal, Thiruvananthapuram – 695 602.<br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 25.06.2004, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 30.04.2008, the Forum on 15.05.2008 delivered the following:<br /> <br /> <br /> ORDER<br /> SMT. BEENAKUMARI.A: MEMBER<br /> The case of the complainant is as follows: The complainant had purchased a 150 VA Electronic Generator “Sharp” bearing Sl. No. 61680 with conrex battery on 27.02.2003 for Rs. 3700/-. The system worked for five months. From August 2003 onwards the system does not function even on a 25 Walt bulb for 10 minutes. This matter was informed to the opposite party several times. Then they replied that the defect will be rectified immediately. But they did not do so. On 26.11.2003 the complainant sent a registered notice to the opposite party. The opposite party received the letter. But did not rectify the defect. The electronic generator and battery are guaranteed for one year from 27.02.2003. As per the terms and conditions the opposite party is liable to rectify the defects. Hence the complainant filed the complaint before this Forum for the redressal of his grievances. <br /> <br /> The opposite party remained ex-parte. The complainant was examined as PW1 and Exts. P1 to P3 were marked. <br /> <br /> <br /> Points to be considered:<br /> (i)Whether there is deficiency in service from the part of opposite party?<br /> (ii)Whether the complainant is entitled to get the reliefs sought for?<br /> <br /> Points (i) & (ii):- The complainant has produced 3 documents in support of his complaint. Ext. P1 is the copy of bill. This document proves the transaction between the complainant and opposite party. Ext. P2 is the guarantee card. The complainant alleges that generator became defective in August 2003. Besides the deposition of the complainant, nothing is on record to prove the allegation in the complaint. The complainant is in possession of the said generator. The complainant has failed to prove the alleged defects in the generator by an expert commissioner as per Sec. 13(1) © of the Consumer Protection Act which is mandatory. On 11.05.2004, the complainant had submitted before this Forum that he is not interested in taking out a commission. <br /> <br /> <br /> For the foregoing reasons, this Forum has come to the conclusion that the complainant has miserably failed to prove his complaint and hence the complaint is dismissed. <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 15th May 2008.<br /> <br /> G. SIVAPRASAD,<br /> President.<br /> BEENAKUMARI. A : MEMBER<br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> jb<br /> O.P.No. 507/2003<br /> APPENDIX<br /> I COMPLAINANT'S WITNESS : <br /> PW1 - K.O. Varghese<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - True copy of cash/credit bill No. 209 dated 27.02.2003 of <br /> Rs. 3700/-. <br /> P2 - True copy of guarantee card.<br /> P3 - True copy of acknowledgement card dtd. 26.11.2003.<br /> <br /> III OPPOSITE PARTY'S' WITNESS :<br /> NIL<br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> NIL<br /> <br /> <br /> PRESIDENT<br /> <br />