DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Tuesday the 28th day of February 2023
C.C.144/2021
Complainant
Mohanadasan K,
Puliyalil House,
Ramanattukara,
Kozhikode-673 633.
Opposite Party
1. Saraswathi Sports,
G 43-44, Stadium Building,
Rajaji Road,
Kozhikode -373 004.
2. Corporate Office Sachdev Sports Company Pvt Ltd,
2-5, Macleoguda, M.G Road,
Secundarabad – 500 003,
Telungana India.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 15-07-2018 the complainant purchased an Aerofit Tread Mill having model AF-741 from the first opposite party. It was manufactured by the second opposite party. At the time of purchase, it was represented by the first opposite party that the Tread mill is of good quality with 2 year warranty. But on 25-01-2019 it showed complaints. Even though the opposite parties assured to repair the same, they did not do so. The Tread Mill is not working due to manufacturing defects. Finally on 04-01-2021 the service man of the opposite parties removed a major part of the Tread Mill stating that the removed parts have manufacturing defects and that the same would be reinstalled after getting the same repaired. The removed parts were shifted to the business place of the first opposite party and collected Rs.1000/- from the complainant towards advance of the total repair charges of Rs.1500/- But the removed parts were not re-installed in spite of repeated requests. There was serious laches and deficiency of service on the part of the opposite parties. On 08-06-2021 he issued a lawyer notice, to which, the second opposite party sent a reply asking him to contact the first opposite party. Though he approached the first opposite party several times, nothing was done to redress his grievance. He was put to gross mental agony due to the indifferent attitude of the opposite parties. Hence the complaint to direct the opposite parties to refund Rs.45,000/- being the cost of Tread Mill along with Rs.25,000/- as compensation for the mental agony suffered and also refund Rs.1,000/-paid as advance of repair charges.
- The opposite parties were set ex-parte.
- The points that arise for determination in this complaint are :
- Whether there was any deficiency of service on the part of the opposite parties, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Ext A1 was marked.
- Heard.
- Point No.1 – The complainant has approached this Commission alleging deficiency of service on the part of the opposite parties. The specific allegation is that the Tread mill purchased by him became defective during the warranty period and the opposite parties neglected to repair the same, eventhough the serviceman came and removed some parts of the equipment.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the proof affidavit that the Tread Mill stopped working during the warranty period and there was neglect on the part of the opposite parties to render proper service and repairs in spite of having collected Rs.1,000/- from him towards advance of repair charges. Further it is averred that some parts of the equipment were removed and taken by the serviceman for repairs and the same were not reinstalled and equipment repaired in spite of repeated requests and finally through lawyer notice. Ext. A1 is the invoice dated 05-07-2018 for Rs.44,000/- for having purchased the Tread mill from the shop of the first opposite party.
- The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the document produced and marked by the complainant. The case of the complainant stands proved through the testimony of PW1 and Ext A1. Deficiency of service on the part of the opposite party is established and proved. The Tread Mill which became defective on 25-01-2019 is not repaired so far and it is now a worthless product as far as the complainant is concerned. He is entitled to get refund of the price of the equipment amounting to Rs.44,000/-. He is also entitled to get refund of Rs.1,000/-paid by him towards advance of the repair charges. The complainant was deprived of the facility of using the Tread mill for a long time and he was put to gross mental agony and inconvenience due to the irresponsible attitude and conduct of the opposite parties, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.10,000/- will be reasonable compensation in this case.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC 144/2021 is allowed in part.
- The opposite parties are hereby directed to refund
Rs.44000/-(Rupees Forty Four Thousand only) to the complainant, being the price of the Tread Mill.
- The opposite parties are directed to refund Rs.1,000/- to the complainant, being the advance amount collected towards repair charges.
- The opposite parties are directed to pay a sum of Rs. 10,000/- (Rupees Ten thousand only) as compensation to the complainant for the inconvenience and mental agony suffered.
d) The payment as afore-stated shall be made within 30 days of
the receipt of copy of this order, failing which, the amount of Rs.44,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.
- On such payment, the opposite parties can take possession of the Tread Mill from the complainant.
- No order as to costs.
Pronounced in open Commission on this the 28th day of February 2023.
Date of Filing: 17/09/2021
Sd/-
PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Invoice dated 05-07-2018.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Mohanadasan K (Complainant)
Witnesses for the opposite parties
Nil.
Sd/-
PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
Forwarded/ By Order
Sd/-
Assistant Registrar
