BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Friday the 31stday of October, 2008
C.C.No. 156/08
Between:
Dr.Y. Gowdappa Gowd, S/o. Late Y.C. Veerabhadra Gowd,
Sree Shakthi Nursing Home, Beside RTC Bus stand, Yemmiganur-518 360,
Kurnool District. … Complainant
Versus
Radhakrishna, Proprietor, Balaji Agencies,
D.No.40-393-11, Park Road, Kurnool-518 001. … Opposite party
This complaint is coming on this day for orders in the presence of Sri.D.Mallikarjuna, Advocate, for the complainant, and opposite party is called absent set exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. K.V.H.Prasad, President)
C.C.No.156/08
1. This case of the complainant is filed U/S 12 of C.P.Act seeking direction on the opposite party to replace the new AC unit of Samsung Company or refund Rs.23,500/- - the cost of said AC unit , and to pay to the complainant Rs.50,000/- as damages for mental agony and cost of the case alleging the purchase of two AC units of Samsung Company each of 1.5 ton capacity bearing No.AST 18 Y JWDA void invoice No.4094 dated 9-9-2006 for Rs.23,500/- each and its installation to his nursing
home and few months there after they started giving troubles in its functioning and inspite of reporting the same to the opposite party they were not rectified and the collection of the defective compressors of said AC units by the opposite party about three months ago and not returning them rectifying their defects and not even responding even to the legal notice dated 1-9-2008 of the complainant demanding either replacement with defectless AC units or refund of the cost of said units.
2. In pursuance of the receipt of the notice of this forum as to this case of the complainant the opposite party abstained the case proceedings and remained exparte to the case proceedings.
3. In substantiation of the contentions the complainant side has taken reliance on documentary record in Ex.A1 and A2 and his sworn affidavit in reiteration of its case.
4. Hence, the point for consideration is whether the complainant has made out any deficiency of the opposite party and there by the liability of the opposite party for complainants claim .
5. The complainant alleges the purchase of two Samsung AC units each of 1.5 ton capacity each at a cost of Rs.23,500/- from the opposite party . But where as the Ex.A1 envisages the purchase of one unit only there under . The Ex.A2 office copy of legal notice dated 1-9-2008 does not
allege the purchase of two AC units and on the other hand alleges the purchase of single AC unit which tallies to the particulars of article mentioned in Ex.A1 . Even though at a later part of the said notice two AC units not functioned properly right from its installation as the bill in Ex.A1 standing for purchase of one unit only the complainant appears to have purchased the AC unit mentioned in Ex.A1 only .
6. The contention as to non functioning of AC unit subsequent to its installation and inspite of several complaints its non rectification and the opposite party ultimately collecting the defective compressor three months ago for attending rectification of its defects and not returning the same rectifying its defects alleged in Ex.A2 notice inspite of its receipt by the opposite party under postal acknowledgement in Ex.A2 and the conduct of the opposite party in not responding the said notice goes to establish the truth in the said contentions and grievances of the complainant as to the defect in the said AC units sold to him by the opposite party . The above state of non responsive conduct of the opposite party in getting the complained defects rectified is amounting to deficiency of service of the opposite party besides to selling defective article and there by attracting the opposite party liability to complainants mental agony and inconvenience suffered at the defective goods besides to the cost of this litigation.
7. Consequently, the case of the complainant is allowed directing the opposite party to replace the defective AC unit of the complainant with a defective free set of the same type of same company or to refund Rs.23,500/- to the complainant towards the cost collected by the opposite party for this said defective article and Rs.5,000/- as compensation for mental agony and Rs.1,000/- as cost of this case collecting back any other residuary and left over parts of the AC unit from the complainant . Time granted for compliance is one month from the date of the receipt of this order. In default the opposite party shall be liable to pay the supra stated award amount with 12% interest from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 31st day of October, 2008.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Credit bill No.4094 dated 09-09-2006 along with
Postal receipt and acknowledgement.
Ex.A2. Office copy of legal notice dated 01-09-2008 along with
Postal receipt and acknowledgement.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
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