O R D E R
Sri.NishadThankappan (Member-II):
This complainant has filed this complaint u/s 12 of the Consumer Protection Act 1986 for getting a relief from the opposite party.
- Mr.Johnson K George filed this complaint before the commission seeking an appropriate order. The case of the complainant is that:
- The complainant is a non-resident Indian, working abroad and owns landed property in Elanthoor Village. The complainant has constructed a Residential Unit at Elanthoor, having commenced the construction in the year 2014 and completion of which was in the year 2016. That the complainant purchased 3 Nos. Compact EXT E WCW (Western Water Closets) as well as 3 Nos. compact cisterns EXT BIntet IV (Flush Tanks) on 01/01/2014 from the 2nd opposite party and the said products are manufactured and supplied by the 1st opposite party.
- The complainant have noticed certain defects in the said fittings during one of his visit to his home town at the time of annual vacation in the year 2018 when all 3 water closets were found to have developed cracks both internally and externally with leakage of water and all 3 flush tanks were found to be malfunctioning. The complainant has reported the said defects to the 2nd opposite party and a formal complaint was lodged with the 1st opposite party 01/01/2020. After the representative of the 1st opposite party inspected the defective fittings promised to replace the same within a period of two weeks. But the 1st opposite party did not replace the said fittings, yet. The complainant suffered much hardship loss, and mental agony on the deficiency in service from the opposite parties. Hence this complaint.
- Notice served from the commission to opposite parties. But they did not appear before the commission. So they called absent and set ex-parte.
The point arose for consideration is:
- Whether there is any deficiency in service from the part of opposite parties?
- What relief the complaint is entitled to?
- In order to substantiate the contention of the complainant he had filed the proof affidavit along with the document. Ext. A1is marked. Ext. A1 is the copy of the bill.
- An overall reading to the entire facts and circumstances of this case. We are of the strong view that the complainant’s allegations are to be treated as reasonable one. All the issues are found in favour of the complainant.
Hence the petition allowed. The opposite party is directed to pay the invoice amount of the filling Rs. 23,100 (Twenty Three Thousand One Hundred only) to the complainant and Rs. 5,000/- (Rupees Five Thousand only) as compensation and Rs. 3,000/- (Rupees Three Thousand only) for the cost of proceedings to the complainant. We direct the opposite party to pay the said amount within 30 days from the receipt of this order. Failing which the amount shall carry 12% interest per annum from the date of default till its realization.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 16thday of February, 2021.
(Sd/-)
Sri.NishadThankappan
(Member-II)
Sri.George Baby(President) : (Sd/-)
Smt. N. ShajithaBeevi (Member-I) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Johnson K. George.
Exhibits marked on the side of the complainant:
A1: copy of the bill.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Johnson K George,
Kollampara House,Edappariyaram P.O,
Elanthoor Village, Pathanamthitta – 689643.
(2) Managing Director,
R.A.K. Ceramics,19th Floor, CommerzII,
Oberoi Garden City, Mohan Gokhale Road,
Goregaon East, Mumbai – 400063.
(3) The Managing Partner,
Cherian and Company,Ring Road, Pathanamthitta – 689645.
(4) The Stock File.
