DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> Civil Station, Palakkad 678001, Kerala<br /> <br /> Dated this the 30th day of August, 2008<br /> <br /> Present: Smt.Seena.H, President<br /> <br /> C.C.No.06/2008<br /> <br /> Narayana Muthali,<br /> S/o.Arunachala Muthali,<br /> Olassery,<br /> Kodumbu,<br /> Palakkad - Complainant<br /> (By K.Sasidharan, Advocate)<br /> Vs<br /> <br /> Rajan,<br /> S/o.Veemban,<br /> Kangadparambil,<br /> Thiruvalathur,<br /> Palakkad. - Opposite party.<br /> <br /> O R D E R<br /> <br /> By Smt.Seena.H, President<br /> <br /> The case of the complainant in brief is as follows:<br /> <br /> The complainant herein, entrusted a motor pump set for repairing to the opposite party on 05/06/2007. Opposite party has removed and taken away the bush and other parts of the pump and promised to repair and refit the same within a week. Rs.550/- (Rupees Five hundred and fifty only) was also paid in advance. The pump set was used by the complainant for agricultural purposes. The opposite party neither repaired the pump set nor repaid the advance amount. A registered notice was issued. But the opposite party did not accept the notice.<br /> <br /> According to the complainant the afore mentioned act of opposite party amounts to deficiency in service. Hence the complainant has approached before this forum seeking an order directing the opposite party to refund the advance amount of Rs.550/- (Rupees Five hundred and fifty only) along with Rs.5,000/- (Rupees Five thousand only) as compensation for deficiency in service.<br /> <br /> Notice served. The opposite party failed to appear before the forum inspite of accepting the notice. Hence set ex-parte.<br /> <br /> The evidence of the complainant consists of the proof affidavit, Ext.A1 lawyer notice and postal receipt and Ext.A2 (series) returned notice and acknowledgement. There is no evidence contrary to the evidence of the complainant.<br /> <br /> Hence, the forum holds the view that the act of the opposite party in not effecting repair amounts to deficiency in service. Complaint allowed. Opposite party is directed to pay Rs.550/- (Rupees Five hundred and fifty only), the advance amount collected, Rs.1,500/- (Rupees One thousand and five hundred only) as compensation and Rs.250/- (Rupees Two hundred and fifty only) as cost within a month from the date of receipt of this order failing which the complainant is entitled to get the whole amount along with 12% interest p.a from the date of order till realisation.<br /> <br /> Pronounced in the open court on this the 30th day of August, 2008 <br /> <br /> Sd/-<br /> Seena.H<br /> President<br /> <br /> APPENDIX<br /> <br /> Exhibits marked on the side of complainant<br /> <br /> Ext.A1 – Copy of lawyer notice and postal receipt<br /> Ext.A2 (Series) – Returned notice and acknowledgement.<br /> <br /> Exhibits marked on the side of opposite party <br /> Nil<br /> Cost (Allowed)<br /> Rs.250/- (Rupees Two hundred and fifty only) allowed as cost to the complainant<br /> <br /> Forwarded/By Order, <br /> <br /> <br /> Senior Superintendent