COMPLAINT FILED:07.04.2011
DISPOSED ON:12.10.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
12th DAY OF OCTOBER-2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.679/2011
Complainant | A.S.Krishnan No.86, Ashraya Layout, 2nd Main, 3rd Cross, 2nd Stage, Mahadevapura Post, Near MTB FARM, Bangalore-560 048. Advocate:Sri.B.G.Rajshekhar V/s. |
OPPOSITE PARTY | SERVOSONIC, No.42/2, 3rd Main Road, L.N.Puram, Bangalore-560 021. Rep-JOBY. Placed Ex-parte. |
O R D E R
Sri.B.S.REDDY, PRESIDENT
The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986 seeking direction against the opponent to refund an amount of Rs.16,500/- with interest at 18% p.a. and compensation of Rs.15,000/- for mental agony in all Rs.31,500/- on the allegation of deficiency in service on the part of the OP.
2. In spite of service of notice by paper publication, OP failed to appear without any justifiable cause, hence placed ex-parte.
3. In order to substantiate complaint averments, the complainant filed affidavit evidence and produced documents.
4. The complainant filed written arguments. Arguments heard from complainant’s side.
5. We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of the materials placed on record, it becomes clear that the complainant purchased an electric “UPS” 1000VA 24V qty with SF88AH battery qty two, from the OP for a sum of Rs.16,500/- on 16.04.2010. The Invoice produced is marked as document No.1. Since the time of purchase the product was not working and was always under repair, OP had given one year warranty at the time of purchase of the UPS. The warranty card has been produced and marked as document No.2. As the UPS was not in a working condition, the complainant approached OP several times and informed the same. But OP has not responded to the complaints. The complainant got issued notice dt.26.02.2011 the copy of which has been marked as document No.3 and OP has received the said notice as per postal acknowledgment. In spite of receipt of notice, OP has not responded and has not attended the repairs. There is no reason disbelieve the unchallenged sworn affidavit of the complainant and the documents produced. The very fact of OP remaining ex-parte leads to draw inference that OP is admitting the complaint averments. The act of OP in supplying defective UPS and failure to attend repairs in spite of repeated requests, amounts to unfair trade practice and deficiency in service. The complainant is entitled for refund of the amount with interest at 12% p.a. along with litigation costs of Rs.2,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OP is directed to refund an amount of Rs.16,500/- with interest at 12% p.a. from the date of purchase of UPS till the date of realization and pay litigation costs of Rs.2,000/- to the complainant and get back the UPS supplied.
This order is to be complied within four weeks from the date of this order.
Send the copy of this order to both the parties free of cost.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 12th day of October-2011.)
MEMBER MEMBER PRESIDENT
CS.
