Date of Complaint : 18.07.2013
Date of Order : 21.01.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
THIRU.L. DEENDAYALAN, M.A.B.L., : MEMBER I
TMT.K. AMALA, M.A. L.L.B., : MEMBER II
C.C.No.272/2013
THIS WEDNESDAY , THE 21ST DAY OF JANUARY 2015
Mrs. Nadhni Sekar,
W/o. Sekar,
Old No.49, New No.8,
Alamelumangapuram,
Mylapore,
Chennai 600 004. .. Complainant.
- Vs-
RP Telebuy Skyshop Pvt. Limited,
Rep. by its Authorized Signatory,
No.129 & 130, 2nd Floor,
Spencers’ Plaza,
769, Anna Salai,
Chennai | 600 002. | .. Opposite party. |
| | |
For the complainant : Tr. G.S. Shivekumar, Advocate
For the opposite party : Exparte.
Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party to pay a sum of Rs.6500/- being the price of the frying pans and also to pay a sum of Rs.25,000/- as compensation and cost of the complaint to the complainant.
ORDER
THIRU. B. RAMALINGAM, PRESIDENT
1. The Case of the complainant is briefly as follows:
The complainant has purchased the non-stick pans for Rs.6500/- from the opposite party and payment was paid through credit card on 5.2.2013, the said non-stick pans in three numbers was delivered by the opposite party to the complainant on 9.2.2013. When the said non-stick pans were used by the complainant by promptly following the procedure mentioned in the manual supplied along with the product by the complainant, the said product how to be defective and not accordance to the promise and advertisement made by the opposite party and found that oil, fats struck in the pans inspite of cleaning the same as provided in the instruction manual. Therefore the complainant informed the customer service and at request of the opposite party the product was taken over to the place of the opposite party and the technical person have examined the product and have also accepted the defect of the product and promise to replace was the same. Despite of the promise and inspite of several demands made by the complainant through e.mail, and also by issuance, advocate notice dt.13.3.2013, though the opposite party has given reply notice dt.28.3.2013 through their counsel mentioning that they will replace the said product and have not replaced the product. As such the act of the opposite party is amount to deficiency in service and which caused mental agony and sufferings to the complainant. As such the complainant has sought for return of the amount of Rs.6500/- which is cost of the defective non-stick pans and compensation of Rs.25,000/- with the cost of this complaint.
2. Even after receipt of the notice, the opposite party did not appear before this Forum and did not file any written version on his behalf. Hence, the opposite party was set exparte. Even though notice was sent to the opposite party in this proceedings and paper publication was effected as substitute of service the opposite party was not appeared before this forum. Hence the opposite party was called absent and set exparte.
3. Complainant has filed her proof affidavit and Ex.A1 to Ex.A5 were marked on the side of the complainant.
4. The points that arises for consideration are as follows:
1. Whether the opposite party committed any deficiency in service?
2. To what relief the complainant is entitled to ?
5. POINT NOs: 1 & 2:
Perused the complaint, proof affidavit filed by the complainant, Ex.A1 to Ex.A5 and considered the arguments of the complainant’s counsel. The complainant has purchased the non-stick frying pan contains three pieces from the opposite party for Rs.6500/- under invoice Ex.A1. The price was paid by the complainant to the opposite party through credit card and the said product was delivered by the opposite party to the complainant on 9.2.2013 and the complainant further stated that the said non-stick frying pan was used in her kitchen on 10.2.2013 as per the instructions mentioned in the manual provided by the opposite party along with the product. It was found defective and not accordance to advertisement and promise made by the opposite party, But the said products are defective one and that oil and fats struck in the pans inspite of cleaning. The complainant has made a complaint about the said product to the opposite party through customer service and also at request taken over the said product to their shop and was tested by their technical person of the opposite party and the defects were acceptable and promised to replace the said product. But despite of several demands the opposite party not did so, are all acceptable and also evidence by documents Ex.A1 to Ex.A5. As stated by the complainant that despite of the opposite party accepted to refuse the said product in their reply notice dt.28.3.2013 under Ex.A4, the opposite party has not replaced the non-stick frying pan is also acceptable. The act of the opposite party amounts to deficiency of service and which caused mental agony and sufferings to the complainant is also acceptable. Therefore we are of the opinion that the opposite party is liable to return the price of the non-stick frying pans a sum of Rs.6,500/- to the complainant and just compensation of Rs.10,000/- to be paid to the complainant and also to pay a sum of Rs.3,000/- as cost to the complainant and the points are answered in favour of the complainant.
In the result the complaint is partly allowed. The opposite party is directed to return back the price of the non-stick frying pans i.e. Rs.6,500/- (Rupees Six thousand and five hundred only) and also to pay a sum of Rs.10,000/- (Rupees Ten thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.3,000/- as cost to the complainant within six weeks from the date of receipt of copy of the order, failing which the above said amount shall carry interest at the rate of 9% per annum from this day, till the date of payment.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this the 21st day of January 2015.
MEMBER-1 MEMBER-II PRESIDENT.
Complainant’s Side Documents:
Ex.A1 – 5.2.2013 – Copy of Invoice issued by the opposite party.
Ex.A2- 26.2.2013 - Copy of e.mail correspondence between the parties.
Ex.A3- 13.3.2013 - Copy of legal notice issued by the complainant to the opposite
party.
Ex.A4- 28.3.2013 - Copy of reply by the opposite party Advocate.
Ex.A5- 18.4.2013 - Copy of rejoinder by the complainant.
Opposite party’s Document’s : .. Nil .. (exparte)
MEMBER-1 MEMBER-II PRESIDENT.
