BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER 

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 275/2021 Filed on 22/09/2021

ORDER DATED: 30/09/2022

ORDER

SMT. PREETHA G. NAIR: MEMBER

The start button of Morphy Rechards Micro Wave Oven of complainant was not working and he had registered a complaint through online.  Then the opposite party contacted the complainant and promised to repair the oven within one week and the cost of repair is Rs.2,600/-.  Thereafter the opposite party had taken the oven with the permission of complainant.  Even after one and half month the opposite party has not repaired the oven nor returned back the oven.  Then the opposite party told that the spare parts of oven were not available.  The complainant asked the opposite party to return the oven.  At that time the opposite party asked to pay Rs.600/- as the service charge.  The act of opposite party amounts to deficiency in service.  Hence the complaint.     

After accepting the notices the opposite party was present and filed version stating that the following contentions.  The opposite party admitted the allegations of complaint.  The opposite party stated that they demanded Rs.600/- as service charge from the complaint at the beginning stage.  Thereafter the opposite party had taken the oven for repair.  But the complainant has not paid any amount to opposite party till now.  So there is no deficiency in service on the part.

Complainant filed proof affidavit and documents Ext.P1 & P2 series marked.  But the opposite party not filed proof affidavit and documents.   

Issues to be considered are:-

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so, what is the cost and relief?

Issues No.1&2:-  We perused relevant documents on records.  As per Ext.P1 the copy of receipt issued dated 12/07/2021 mentioned that the oven is not working properly.  Ext.P2 series were the photos of button of oven.  The opposite party had not produced evidence to disprove the case of the complainant.  The opposite party had not repaired the oven so far and not returned to complainant. 

In view of the above discussion we find that the act of opposite party amounts to deficiency in service. 

In the result complaint is allowed.  We direct the opposite party to return the Micro Wave Oven and pay Rs.3,000/- (Rupees Three Thousand Only) as compensation and pay Rs.2,500/-  (Rupees Two Thousand Five Hundred Only) as cost of the proceedings to the complainant, within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization.            

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.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 30^th day of September,  2022.

R

 C.C. No. 275/2021

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                                                             Sd/-

PRESIDENT