Date of filing : 30-08-2010
Date of order : 19-02-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 269/2010
Dated this, the 19th day of February 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
V.M.Joseph,
Vandamkunnel House, } Complainant
Athiyambur, Balla Village,
Hosdurg Taluk, Po.Kanhangad.
(In Person)
Shinu George, } Opposite party
Pattasseril Automations,
Aswhathy Bhavan, Near Pangappara,
Health Care, Pangappara.Po.
Thiruvananthapuram.695 581.
(Exparte)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
In nutshell the case of complainant Joseph @ Joy is that the automatic gate control system with remote control supplied and installed by opposite party became defective several times causing much inconvenience to him. The system was offered with 6 years guarantee also. Though on different occasions (5 times) opposite party tried to repair the system it became again non-functional. Now the opposite party is not care to rectify the defects or replace the system with another defect free unit. The total purchase value of the unit is `31280/-. He also spend money for re-installing the old gate which was in manual operations earlier since the system supplied by the opposite party is dead. Therefore the complaint claiming the refund of `31,280/- with a compensation of `50,000/- and cost of the proceedings.
2. Notice to opposite party issued by registered post with acknowledgement due. Though it is served on opposite party, he remained absent. Hence opposite party had to be set ex-parte.
3. Complainant examined as PW1 and Ext.A1 marked. Heard the complainant. Documents examined.
4. The complainant during evidence has deposed that the automatic gate control system is brought to his premises by opposite party’s man and it was installed by him. This would indicate that at least part of the cause of action arose within the territorial jurisdiction of this Forum.
5. PW1 further deposed that he filed a petition before Hosdurg Deputy Superintendent of Police and he summoned opposite party to his office and from there opposite party undertake to replace the entire automatic gate control system with remote control within 2 weeks from the date of complaint i.e. 1-12-2010. But opposite party was not ready to comply with their undertaking. He also deposed that opposite party was not proper in sending their service persons and the service personnels were visiting his premises at their option and time and on all that occasions he has to take leave and wait for them.
6. There are absolutely no contra evidence forthcoming to disbelieve the evidence let in by PW1. Therefore we hold that opposite party committed unfair trade practice and deficiency in service and therefore complainant is entitled for an order in his favour.
In the result, complaint is allowed and opposite party is directed to take back the automatic gate control system with remote control installed by him in as is where is condition and refund `31,280/- with a cost of `2,000/-. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which opposite party will be further liable to pay interest @ 12% also in `31,280/- from the date of complaint till payment.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1. 12-12-09 receipt .
PW1. V.M.Joseph
Sd/- Sd/-
MEMBER PRESIDENT
Pj/
Forwarded by Order
SENIOR SUPERINTENDENT
