DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 27th day of March 2009.
Present : Smt. H. Seena, President : Smt. Preetha.G. Nair (Member) : Smt. Bhanumathi.A.K. (Member) C.C.No.48/2008
Sreerang Proprietor New Fashion Jewellery Parali Palakkad. - Complainant (Adv. P. Subramaniyan & Adv.K. Dhananjayan) V/s
Proprietor Camio Home Appliances Ltd Door No.40/1884 P J Antony Road Kochi – 682 024 - Opposite Party
O R D E R By Smt. H. Seena, President Complainant is the owner of New Fashion Jewellery dealing with gold ornaments at Parali in Palakkad district. Agents of Opposite party approached the complainant and induced to buy their product named Camio Secure System which if installed act as a security in case of theft. Accordingly complainant purchased the same on payment of Rs.15,000/-. Equipment has a guarantee for 1 year from the date of purchase and life time warranty. Complainant became the owner of the same on 13/04/2007. The product became defective within the period of guarantee itself. The defect in the equipment was made known to the Opposite party by way of telephone, but the Opposite party has not cared to rectify the defect. Later lawyer notice was issued for which Opposite party replied promising to rectify the defect within 10 days. But nothing was done. Meanwhile on 09/11/2007, an attempt of theft occurred in the complainant's jewellery where the shutters and locks were damaged.
According to the complainant, had the equipment worked well, this will not happen. Hence the complainant is claiming refund of Rs.15,000/- along with Rs.20,000/- as repair charges and damages caused to lock and shutters and further Rs.20,000/- as compensation for mental agony and - 2 - pain
1. Opposite party was set ex-parte 2. Complainant filed affidavit. Exhibit A1 to A6 were marked on the side of complainant
Issues for consideration are whether there is deficiency of service on the part of the opposite party? If so, what is the reliefs and cost?
Points 1 and 2 Exhibit A1 shows that the complainant has paid Rs.15,000/- to Opposite party as price of the equipment. Guarantee provided as per Exhibit A2 is 1 year i.e, from 13/04/2007 to 12/04/2008. Defect in the machine occurred well within the period of guarantee. Further life time warranty is also provided. Exhibit A4 lawyer notice dated 28th June 2007 shows that complainant has taken steps for redressal for his grievance.
As in Ext A5 reply notice, Opposite party has promised to rectify the defect within 10 days. No positive steps were taken by the opposite party in compliance of the letter. Further attempt of theft as stated by the complainant is proved by Exhibit A6 (FIR). Going through the documents produced by complainant, we are of the view that complainant has established a strong case in his favour.
The act of opposite party amounts to clear deficiency of service. Hence complainant is entitled for compensation.
Complainant has altogether paid Rs.15,000/ for the equipment. According to the Clause (5) of the warranty conditions the warranty covers only the product and in no way indemnifies the purchaser against any loss arising out of theft, burglary, trespass or attempts thereof. Hence we are of the view that an amount of Rs.15,000/- together with Rs.5,000/- as compensation shall meet the ends of justice.
In the result complaint allowed. Opposite party is directed to refund Rs.15,000/- being the price of the equipment together with Rs.5,000/- as compensation and Rs.1,000/- as cost of the proceedings. Order shall be complied within one month from the date of receipt of order failing - 3 - which the whole amount shall carry an interest @ 9% per annum.
Pronounced in the open court on this the 27th day of March 2009.
PRESIDENT (SD)
MEMBER (SD) MEMBER (SD) APPENDIX
Witness examined on the side of Complainant Nil
Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 series – Receipt No.1130 & 1132 of Camio Applicances Ltd Ext A2 - Guarantee card of Camio Applicances Ltd Ext. A3 – Invoice No. 004 dated 13.04.07 of Camio Appliances Ltd Ext. A4 – Copy of letter from Advocate P. Subramanian to Camio Appliances Ltd Ext. A5 – Letter from Camio Applicances Ltd to Sreerang Ext. A 6 - FIR
Exhibits marked on the side of the Opposite Party Nil Cost (allowed) Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings Forwarded/By Order
Senior Superintendent
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
