Kerala

Kozhikode

CC/08/409

BHICHAVA - Complainant(s)

Versus

SHAJAHAN - Opp.Party(s)

30 Apr 2009

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. CC/08/409

BHICHAVA
...........Appellant(s)

Vs.

SHAJAHAN
...........Respondent(s)


BEFORE:
1. G Yadunadhan B.A.2. Jayasree Kallat M.A.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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By G. Yadunadhan, President:

 

            The case of the complainant is that complainant had purchased an induction cooker from opposite party No.1 through opposite party No.2.  Opposite party No. 1 issued the Order Form and collected an amount of Rs.2900/- on behalf of Opposite party No.2.  After a lapse of few days, the said cooker was damaged.  This fact was intimated to opposite party No.1.  Opposite party No.1 collected the cooker and offered a new one.  But repeated demands for replacement was not effected.  Hence complainant is seeking relief against the opposite parties to return an amount of Rs.2900/- along with compensation.

 

            After serving notice, Opposite party No.1 called absent and set exparte. Even though Notice sent to the opposite party No.2 by hand they refused to accept it.  Hence opposite parties 1 and 2 are called absent and set exparte.

 

            Complainant was examined as PW1 and Ext. A1 to A3 were marked on the side of the complainant. 

 

            While examining the complainant as PW1, he deposed before this Forum that he purchased the induction cooker from opposite party No.1 and it is very clear that opposite party No.1 is doing service on behalf of opposite party No.2.  The induction cooker received by opposite party No. 1 was not returned to the complainant so far.  While perusing all the documents, it is seen that the entire acts done by opposite party No.1 is for and on behalf of opposite party No.2.  Hence opposite party No.1 is liable to pay the cost of the induction cooker to the complainant. 

 

Under these circumstances opposite party No.1 is directed to return an amount of Rs.2,900/- along with a compensation of Rs.500/- to the complainant.  Comply the order within 30 days on receipt of the copy of this order.

 

Pronounced in open Court this the 30th  day of April 2009.

 

                        Sd/-President                                  Sd/-Member

 

 

 

 

APPENDIX

 

Documents exhibited for the complainant:

 

A1            Instructions Manual and purchase card.

A2            Cash/Credit bill

A3        Order Forum No.377 dated 6.5.2008.

 

Documents exhibited for the opposite parties:

 

Nil.

 

Witness examined for the complainant:

 

PW1            Bichava, Saifunnisamanzuil, P.O. Perumugham, Feroke.

 

Witness examined for the opposite parties:

 

None.

 

-/True copt/-

 

Sd/- President

 

(Forwarded/by Order)

 

 

 

 

Senior Superintendent.

 

           

 

 




......................G Yadunadhan B.A.
......................Jayasree Kallat M.A.