<br /> Date of Filing: 20.03.2008<br /> Date of Order: 18.06.2008<br /> <br /> BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 18th DAY OF JUNE 2008<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri. Bajentri H.M, B.A, LL.B., President<br /> Smt. C.V. Rajamma, B.Sc., LL.B., PGDPR, Member<br /> Sri. M. Nagabhushana, B.Com, LL.B., Member<br /> <br /> COMPLAINT NO: 736/2008 <br /> Sri. H.T. Sreepathy,<br /> No.819/5, I “A” Main, 6th Cross,<br /> L.N. Colony, Yeshwanthapur,<br /> BANGALORE – 560 022. …… COMPLAINANT<br /> <br /> - V/S -<br /> <br /> Sri. Lokesh,<br /> M/s. Quick in Washing Machine,<br /> Refrigeration, A/C Service Point,<br /> No.62, 2nd Cross, 1st Stage,<br /> 1st Phase, Mathikere,<br /> BNAGALORE – 560 054. .....OPPOSITE PARTY<br /> <br /> <br /> ORDER<br /> <br /> This complaint is filed for a direction to the opposite party to return the Air Cooler given for repairs. The case of the complainant is as under :-<br /> <br /> <br /> <br /> 2. On 07.12.2007 the complainant had given Videocon Air Cooler to the opposite party for repairs as Air Cooler was creating some sound. He also paid Rs.800/- as advance towards repairs charges, but so far the opposite party failed to attend to the repairs and return the Air Cooler. When the complainant approached the opposite party to get back the Air Cooler the opposite party postponed the same on one pretext or the other. Hence, this complaint.<br /> <br /> 3. Inspite of service of notice by RPAD the opposite party has remained absent.<br /> <br /> <br /> 4. In support of the claim the complainant has filed his affidavit. Heard the complainant. <br /> <br /> 5. The point for consideration are:-<br /> (a) Whether the complainant has proved deficiency in service on the part of the opposite party ?<br /> <br /> (b) Whether the complainant entitled to the relief prayed<br /> for in the complaint ?<br /> <br /> 6. Our findings are:-<br /> Point No.1:- In the affirmative,<br /> Point No.2:- As per final Order.<br /> <br /> REASONS<br /> <br /> 7. The fact that the complainant had given Videocon Air Cooler to the opposite party for repairs on 07.12.2007 and paid Rs.800/- as advance towards repair charges is evident from the copy of the receipt issued by the opposite party. The complaint is filed on 20.03.2008 alleging that the opposite party failed to effect repairs and deliver back the Air Cooler. Since the opposite party has remained absent inspite of service of notice, the material on record has remained un-challenged. Therefore, it is clear that inspite of lapse of nearly six months as of now the opposite party has failed to effect repairs to the Air Cooler and return back the same to the complainant though the complainant has paid Rs.800/- as advance towards repairs charges. The opposite party has also failed to give reasonable or acceptable reason for the delay. Thus the act of the opposite party clearly amounts to deficiency in service and therefore the complainant is entitled to seek return of the Air Cooler from the opposite party duly repaired. In the result we pass the following :-<br /> ORDER<br /> <br /> 8. The complaint is allowed. The opposite party shall return the Videocon Air Cooler to the complainant duly repaired or to pay its price and shall also pay costs of Rs.500/- to the complainant. Compliance of this Order shall be made within eight weeks from the date communication.<br /> <br /> 9. Send a copy of this Order to both the parties free of costs immediately.<br /> <br /> 10. Pronounced in the Open Forum on this 18TH DAY OF JUNE - 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />