IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Wednesday the 31^st day of August, 2011

Filed on 10.02.11

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.42/11

Between

Complainant:-                                                             Opposite Party:-

Sri.Lakshmi Narayanan,                                   Sri.Remesh Rao,

(Therakathu Medicals),                         (Thirumala Associate),

S/o.Dhananjaya Shenoy,                                   Madathil Parambu,

Therakathu Veedu,                                           Valamangalam North,

Thuravoor.P.O.                                                Thuravoor.P.O.

(By Adv.Anilakumar.G)                                   

                                                                  O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The complainants’ case in a nutshell is as follows: - The complainant on 31^st May 2008 purchased a 'Water purifier' for an amount of Rs.8,000/-(Rupees eight thousand only) from the opposite party. The complainant purchased the same on being induced by the opposite party by alluring assurances and tempting offers. At the time of the same being installed by the opposite party, the complainant was issued a warranty card offering service for one year.  Right from the purchase of the said equipment, the same was not working properly. The complainant intimated to the opposite party the imperfect performance of the appliance.  The opposite party expressed his doubt over the manufacturing defect of the switch of the equipment. Notwithstanding this, the opposite party turned up only in March 2009. He examined the appliance and carried up the same with him for repair. The opposite party brought the same back only on 10^th January 2010 to the complainant. The opposite party assured the complainant as to the performance of the 'purifier' and fetch from him Rs.700/-(Rupees seven hundred only). Surprisingly still, the equipment remains defective. The complainant when attempted to contact the opposite party, the opposite party abused the complainant and refused to attend the glitch of the appliance. The complainant sustained mental as well as monetary woes at the hands of the opposite party. Got aggrieved on this the complainant approached this Forum seeking compensation and relief.

1. Notice was served. The opposite party did not make it a point to file version.  Resultantly, the opposite party was set ex-parte.

2. The complainant’s evidence consists of the testimony of the complainant as PW1, and the documents Exbts. Al to A4 were marked.

3. Bearing in mind the contentions of the complainant the questions come up for consideration before us are:-

(a) Whether the complainant sustained deficiency of service and mental agony at the hands of the opposite party?

(b) Whether the complainant is entitled to the relief sought for in the complaint?

4. We went through the materials put on record by the complainant. The complainant duly produced the documents and the receipts that suggest the purchase of 'Water Purifier’ from the opposite party. The specific contention of the complainant is that the opposite party delivered an equipment of inferior quality which falls defective easily. The complainant emphatically asserted that, the opposite party abused the complainant, and declined to attend his grievance. The complainant contends that he sustained mental agony and loss. Keeping in view the complainant's contention we sift through the materials put on record. The Exbts. Al to A4 bear out what all is averred in the complaint. We are of the view that the complainant sustained financial loss as well as mental agony. Also, as we have earlier observed, the complainant case remain unchallenged, and we have no course open but to accept the case of the complainant.

In the result, the opposite party is directed to pay back to the complainant the purchase price and the repairing charge of the 'water purifier' viz.Rs.8,700/-(Rupees eight thousand seven hundred only). The opposite party is further directed to pay an amount of Rs.1,500/- (Rupees One thousand five hundred only) to the complainant as compensation. The said opposite party shall comply with the order within 30 days of receipt of this order.

Pronounced in open Forum on this the 31^st day of August, 2011.

Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi                                                                             

Appendix:-

Evidence of the complainant:- 

Ext. A1            -           Warranty Card dated, 30.05.2009

Ext. A2            -          Copy of the Notice

Ext. A3            -          Postal receipt

Ext. A4            -           Returned Registered Letter         

Evidence of the opposite party: - Nil                

// True Copy //

    By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- P.R/-  

Compared by:-