IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 19^th day of November, 2014.

Present : Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member-I)

Smt. Sheela Jacob (Member-II)

C.C.No.114/2014 (Filed on 18.08.2014)

Between:

Mamman Thomas,

Moothedathu Puthen Purackal,

Kalooppara.P.O.,

Mallappally,

Pathanamthitta - 689 583.                  …..      Complainant

And:

1. Manager,

R.S.Marketing,

Room.No.600/326(3),

Kizhakkemuthoor,

Kuttappuzha.P.O.,

Thiruvalla,

Pathanamthitta-Dist,

Pin: 689 103.

(By Adv. Harikrishnan)

1. The Manager,

RP Telebuy Skyshop Pvt.Ltd.,

No.19, Numbal Road,

Numbal, Chennai-600 077.                …..       Opposite parties

O R D E R

Smt. Sheela Jacob (Member II)

                 The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                 2. The case of the complainant in brief is as follows:  The complainant purchased a paint zoom (spraying machine) from the 1^st opposite party on 24-03-2014 for a consideration of Rs.5,995/-.  The first opposite party had issued the cash bill and offered six months warranty to the complainant.  While the complainant was using the paint zoom, within 30 days, the said paint zoom became defective.  The matter was intimated to the opposite parties.  But they did not reacted properly and the paint zoom continued to be functionless.  Thereafter, the complainant contacted the 1^st opposite party several times.  But there was no response.  The complaints of the paint zoom was occurred during the warranty period.  The defect of the machine is manufacturing defect.  In the circumstances, the complainant requested the 1^st opposite party for the replacement of the machine.  But he had not taken any positive steps to redress the grievances of the complainant so far.  In other shops the price of the paint zoom is below Rs.3,000/-.  The sale of the defective paint zoom by the opposite parties is an unfair trade practice and the non-redressal of the complainant’s grievances is a deficiency in service, which caused financial loss and mental agony to the complainant.  Hence this complaint for an order directing the opposite parties to refund the price of Rs.5,995/- paid the complainant along with compensation of Rs.25,000/- and cost of Rs.500/- of this proceedings.

                 3. In this case opposite parties are exparte.

                 4. On the basis of the pleadings of the complainant, the only point to be considered is whether this complaint can be allowed or not.

                 5. The evidence of this complaint consists of the oral deposition of PW1 and Ext.A1.  After closure of evidence complainant was heard.

         6. The point:-  The complainant’s allegation is that the paint zoom purchased by him from the 1^st opposite party became defective within the warranty period.  The complainant properly intimated the matter to the opposite parties.  But they have not rectified the defects of the paint zoom.  The above said act of the opposite parties is a clear deficiency in service, which caused mental agony and financial loss to the complainant.  Therefore, the complainant prays for allowing the complaint.

                 7. In order to prove the case of the complainant, the complainant adduced oral evidence as PW1 and 1 document was produced which is marked as Ext.A1.  Ext.A1 is the cash bill No.K.62014/4364 dated 24-03-2014 issued by the 1^st opposite party in the name of the complainant for Rs.5,995/- in respect of the paint zoom in question.

                 8. On the basis of the available materials on record, it is seen that the complainant had purchased a paint zoom (paint sprayer) for Rs.5,995/- on 24-03-2014 from the 1^st opposite party vide Ext.A1.  The allegation of the complainant is that the complaints of the paint zoom occurred during the warranty period is not rectified by the opposite parties.  Since opposite parties are exparte, we find no reason to disbelieve the allegations of the complainant against the opposite parties.  Therefore, the complainant’s case stands proved as unchallenged.  The non-redressal of the complainant’s  grievance by the opposite parties is a clear deficiency in service and is an unfair trade practice and hence opposite parties are liable to the complainant for the same.  Hence we find that this complaint is allowable against the opposite parties.

                 9. In the result, this complaint is allowed, thereby the 1^st opposite party is directed to return Rs.5,995/- (Rupees Five Thousand nine hundred and ninety five only) the price of the paint zoom, along with compensation of Rs.1000/- (Rupees One Thousand only) and cost of Rs.500/- (Rupees Five hundred only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 10% interest per annum from today till the realization of the whole amount.

                 10. However, the 1^st opposite party is at liberty to realize the cost of the machine and compensation and cost ordered herein above from the 2^nd opposite party if he desires so.

                 Declared in the Open Forum on this the 19^th day of November, 2014.

                                                                                           (Sd/-)

                                                                                 Sheela Jacob,                                      

                                                                                (Member - II)

Sri. Jacob Stephen (President)           :  (Sd/-)

Smt. K.P.Padmasree (Member - I)       : (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Mammen Thomas

Exhibits marked on the side of the complainant:

A1  : Cash bill No.K.62014/4364 dated 24-03-2014 for Rs.5,995/- 

        issued by the 1^st opposite party in the name of the 

       complainant.  

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties:  Nil.

                                                                            (By Order)

Copy to:- (1) Mamman Thomas, Moothedathu Puthen Purackal,

                    Kalooppara.P.O., Mallappally,

                    Pathanamthitta - 689 583.                      

1.   Manager, R.S.Marketing, Room.No.600/326(3),

            Kizhakkemuthoor, Kuttappuzha.P.O.,

            Thiruvalla, Pathanamthitta-Dist,

            Pin: 689 103.

1.  The Manager, RP Telebuy Skyshop Pvt.Ltd.,

           No.19, Numbal Road, Numbal, Chennai-600 077.

      (4) The Stock File.