Order No.    17      Dated  26/11/2015

       The case of the complainant in short is that on 10.9.12 complainant purchased one piece of Motorised Treadmill, Model No.T 490, from o.p. at a consideration price of Rs.41,200/-. On 10.9.12 wqhen complainant went to o.p’s shop for purchase of a Motorised Treadmill, at that time representatives of o.p. insisted upon complainant’s purchasing the Model No.T-490 Motorised Treadmill.

            Few days after purchase the above said treadmill was not working properly. Then complainant complained to o.p. about it over telephone at o.p’s official helpline.

            Thereafter o.p.’s engineer came to complainant’s house and installed a new panel in the machine of the said Motorised Treadmill but even after that the machine bearing the said Model No.T-490 did not give the desired service.

            A few days after the above said installation of panel complainant’s said treadmill machine was again not working properly. Again complainant made a complaint before o.p. Then the agent of o.p. came to complainant’s house and took away the said treadmill for replacement on 1.1.13 and thereafter o.p. finally replaced the said treadmill, but to his utter surprise complainant found that the seal of the new treadmill was already broken. When complainant asked o.p. about why the seal was broken, o.p’s agent namely Sujit Chowdhury told the complainant that before replacing the treadmill he just for a check-up broke the seal in their office and thereafter they sent the same to complainant’s house and at the time of replacement o.p. also assured to complainant that it would not trouble any more.

            Even after replacement of the said new treadmill the same problem arose. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.

Decision with reasons:

            Sole o.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that Bodyline Sports is a retailer of various sports and fitness equipments manufacture by various manufacturer both in India and overseas. It is stated that the Bodyline Sports is doing business on the excellent repute for the last 20 years and is one of the pioneer in spreading the fitness awareness. It appears from the record that o.p. did not adduce evidence in this case. So, the evidence adduced by complainant has remained unchallenged testimony and this Forum does not have any reason to disbelieve the evidence of the complainant. On perusal of the entire materials on record we find that complainant has been able to substantiate and prove her case and is entitled to relief.    

            Hence, ordered,

            That the case is allowed on contest with cost against the o.p. O.p. is directed to pay Rs.41,200/- (Rupees forty thousand two hundred) only being the price of the said treadmill and is further directed to pay to the complainant compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only  within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.