BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Monday the 10th day of January, 2011
C.C.No 147/10
Between:
S.Chandra Mohan, S/o. S.Subrahmanya Swamy,
H.No.40-337, Gandhi Nagar,Kurnool.-518004. …..…Complainant
-Vs-
Sha Pragajikanmal, Proprietor,
1-146, Main Bazar (Pula Bazar), Kurnool-518002.
….…OPPOSITE PARTy
This complaint is coming on this day for orders in the presence of Sri. C. Prabhakara Reddy, Advocate, for complainant, and opposite party called absent set exparte upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. M.Krishna Reddy, Member)
C.C.No.147/10
1. The Compliant is filed under section 11 and 12 of C.P. Act, 1986 praying a direction on the OP to refund Rs.2,350/- being the lost of pedestal fan or to replace a new from with 2 years warranty along with cost of the case.
2. The synopsis of the case is that the complainant purchased a Pedestal fan from Opposite party for Rs.2,350/- on 28-8-2009. The fan was given two years warranty against manufacturing defects. But the fan failed to function with in six months of its purchase. So he approached the opposite party for the replacement of the non working fan with a new one. The opposite party intern informed the company manager, Crompton Greavers, Mumbai about the non functioning of the fan. The company manager deputed a technician who tested the fan on 5-3-2010 and suggested the opposite party to replace it with a new fan. Despite the recommendation of the company technician, the opposite party did not replace the fan. Hence the complainant got issued a legal notice to opposite party on 27-5-2010 to pay him the cost of the fan and expenses. As the opposite party did not comply the complainants claim, this case is failed in the Forum seeking appropriate relief’s.
3. On behalf of the complainant the sworn affidavit and documents marked as Ex.A1 to A 4 was filed to substantiate his claim.
4. The opposite party remained exparte.
5. Heard the counsel for the complainant.
6. The points that arise for consideration are :-
1. Whether there is deficiency of service on the part of
opposite party?
2. Whether the complainant is entitled to any relief?
3. To what relief?
7. Points 1 and 2:- The contention of the complainant is that he purchased a pedestal fan from opposite party for Rs.2,350/- on 28-8-2009 with warranty period of 2years. Ex.A1 the cash bill and Ex.A2 is the warranty card. As the fan went out of working within a period of six months from the date of purchase, he gave a complaint to opposite party for the arrangement of its repair. On the information of opposite party, the company manager of Crompton greaves, Mombai, appointed a technician to attend the complainants fan. The technician tested the fan and recommended for the replacement with a new fan. Ex.A3 the letter of recommendation of technician. No attempt was made by the opposite party to replace the fan even after receiving a legal notice from the counsel of the complainant. Ex.A4 copy of legal notice. Hence the complainant contention about the deficiency of service on the part of opposite party is sustained and thus he is entitled for relief.
8. Point No. 3:- The complainant claimed Rs.2,350/- as the cost of the pedestal fan with interest or the replacement of defective fan with a new fan with extender warranty of 2 years. Looking facts and the material placed on record the claim of the complainant is allowed.
9. In the result, the complainant is allowed directing the opposite party either to pay the cost of the fan of Rs.2,350/- with 9 % p.a. interest from 5-3-2010 to its realization or to replace the non-working fan with a new fan giving 2 years warranty along with Rs.500/- as cost of litigation.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1 Pedstal Fan purchased cash bill dt.28-8-2009 for Rs.2350/-
Ex.A2. Pedstal Fan 2years warranty card.
Ex.A3. Sri Lakshmi Crompton Service bill dt.5-3-2010.
Ex.A4. Office copy of Legal notice dt. 27-5-2010 along with postal
ack.
List of exhibits marked for the opposite party: NIL:
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
