D.O.F. 23.04.2011
D.O.O. 27.06.2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K. Gopalan : President
Smt. K.P. Preethakumari : Member
Smt. M.D. Jessy : Member
Dated this the 27th day of June, 2011.
C.C.No.134/2011
V. Rajesh,
S/o. P. Sreedharan : Complainant
‘Sreyas’, Vengad P.O.,
Kuthuparamba
Samsung Exclusive Service Centre,
S.B. 5/22, Nr. Makkani, : Opposite party
South Bazar,
Kannur – 2.
O R D E R
Sri. K. Gopalan, President
This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to pay an amount of ` 2,500 as compensation and 650 as notice charge and the cost of this litigation.
The case of the complainant is as follows : complainant booked before opposite party for Samsung L 100 camera charger as per the work order No.01063 on 03.12.2010. An advance of ` 200 also have been given at the time of booking and the amount received on the promise that the charger would be delivered within a week’s time. But even after the expiry of three months opposite party did not deliver the camera charger. Complainant came to Kannur from Kuthuparamba for more than five times for this purpose alone and also telephoned more than twenty five times but he used to say within two days there it would be delivered. As a result of keeping the camera idle without using the battery of camera became useless. Since the charger was not received he could not take photos of the marriage functions of his close relatives. Consequently he sent lawyer notice. Though notice was received by opposite party he kept mum without sending any reply. There is serious deficiency in service on the part of opposite party. Hence this complaint.
Notice was issued to opposite party from the Forum but opposite party remained away from attending and conducting the case. Subsequent to the non-appearance the opposite party was called absent and set exparte.
The evidence consists of the evidence adduced by complainant by way of chief affidavit and Ext.A1 to A4.
The questions to be considered is whether the opposite party is liable for the deficiency in service and the complainant is entitled for the relief as prayed for.
It can be seen that Ext.A1 is the work order of the camera charger dated 03.12.2010 issued by opposite party on receiving ` 200 as advance. Complainant adduced evidence that opposite party promised to deliver the charger within a weeks time. But the charger was not delivered even if he has visited the opposite party more than 5 times and called him by phone number of times. He also adduced evidence that on failure of his attempt to get the camera charger he sent a lawyer notice, the copy of which is produced and marked as Ext.A3. Ext.A4 is the acknowledgment that proves the lawyer notice. The entire pleadings of the complainant are based on the allegations that are raised in legal notice which the opposite party left unanswered. The non-reply of opposite party and non respondence to the notice of the Forum by not contesting the matter before Forum itself contributes deficiency in service on the part of opposite party. The non-delivery of camera charger in the case in hand even after getting the lawyer notice is unjustifiable and amounts to a full fledged deficiency in service for which opposite party is answerable.
Complainant adduced evidence by way of chief affidavit that the battery of the camera has become useless due to non-charging as a result of non-delivery of camera charger. There is nothing before the Forum for disbelieving of the complainant in this aspect. So also there is nothing unbelievable in saying that he has come 5 times to Kannur for this purpose and phoned up several times. All these creates troubles and sufferings with economic losses.
In the light of the above discussion and taking into consideration the entire aspect we find that it would be sufficient to direct the opposite party to pay a sum of ` 2,000 as compensation together with an amount ` 1000 as other expenses and hence the order passed accordingly.
It is therefore the complaint stands allowed directing the opposite party to pay an amount of ` 2000 (Rupees Two Thousand only) as compensation together with an amount of ` 1000 (Rupees One Thousand only) as other expenses of the complainant, within one month from the date of receiving the order failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Receipt dated 03.12.2010 issued by OP.
A2. CD.
A3. Letter dated 05.03.2011.
A4. Acknowledgment card.
Exhibits for the opposite party
Nil
Witness examined for the complainant
Nil
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
