Complaint is filed on 24-07-2008

                                                                                         Compliant disposed on 24-11-2008

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

::AT:: KARIMNAGAR

PRESENT: KUM.G.V.N.R. BHANUMATHI, M.A. B.L.

I ADDL. DIST. & SESSIONS JUDGE & PRESIDENT (F.A.C.)

SRI R. LAXMINARSIMHARAO, M.A.L.L.B., MEMBER

SMT. E. LAXMI, M.A.LL.B., MEMBER

MONDAY, THE TWENTYFOURTH DAY OF NOVEMBER,

TWO THOUSAND eight

CONSUMER complaint  NO.  104  OF  2008

Between:

Vontela Krishna S/o. Vontela Raghupathi, Age 35 years, Occ: Journalist, R/o. H.No.5-6-416/1, Kapuwada locality of Karimnagar.

…Complainant

AND

1. Sri Ratnaganapathi Enterprises, Door No.7-1-101, Mankammathota locality of Karimnagar City, R/by it’s Proprietor.

2. The TTK Prestige Ltd., 11^TH Floor, Brigade Towers, 135, Brigade Road, Bangalore, R/by it’s Regional Manager.

                                                              …Opposite Party no.1 to 2

            This complaint is coming up before us for final hearing  on 21-11-2008, in the presence of Sri M. Rajesham and T. Srinivas Reddy, Advocate for complainant and opposite party no.1 is dismissed and opposite party no. 2, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:

::ORDER::

1.         This is a complaint filed under Sec 12 of C.P. Act, 1986 seeking direction to the opposite parties to pay an amount of Rs.2,796/- towards costs of the Rice Cooker along with damages, compensation and costs.

2.        The brief averments of the complaint are that the opposite party no.1 is the authorized dealer of opposite party no.2 for the sale of Prestige Electric Rice Cookers. On 27.6.2007 the complainant purchased a Prestige Delight Electric Rice Cooker SRC 1.8 from the shop of opposite party no.1 by paying an amount of Rs.2,796/- and the opposite parties gave warranty card for a period of one year. After 2 days of purchase when it was put to use the evaporation lid failed and the food was not cooked properly due to some problems in the Cooker. Immediately the complainant returned the Cooker to the opposite party no.1 informing about the defect developed in the Cooker and requested them to get it repaired as there is warranty. The opposite party no.1 having received the Cooker asked the complainant to collect it after one week, but the opposite party no.1 failed to return the Cooker inspite of several visits to their shop. Finally after several visits the opposite party no.1 returned the same to the complainant informing him that the defect is rectified. But when it is put to use the same problem is continued as the opposite party no.1 did not rectify the defect. The complainant demanded the opposite parties for refund of the costs of the Cooker. The opposite party no.2 being the manufacturer is responsible for supply of quality product  free of defect. The complainant claimed that due to sale of defective product by the opposite parties he has been put to mental agony and go round the shop of opposite party no.1. Therefore, the complainant sought direction to the opposite parties to pay an amount of Rs.2,796/- towards costs of the Cooker along with damages, compensation and costs.

3.         The claim against opposite party no.1 is dismissed as the complainant did not take steps against him. The opposite party no.2 filed counter admitting that opposite party no.1 is their authorized agent and that they are selling good quality products to its customers. It is further stated that there are no defects in the Rice Cooker purchased by the complainant and claimed that the present complaint is based on false and baseless allegations and there is no deficiency of service on their part, hence prayed for dismissal of the complaint.

4.        The complaint filed his Proof of Affidavit reiterating the contents of the complaint and the documents filed by him are marked as Ex.A1 and A2. Ex.A1 is the original Tax Invoice of Prestige Delight Electric Rice Cooker in the name of complainant issued by opposite party no.1 Dt: 27.6.2007. Ex.A2 is the User's Manual of opposite parties.

5.         The opposite party no.2 filed Proof of Affidavit of T.S. Rama Murthy who is working as Area Service Executive of opposite party no.2. No documents are filed by the opposite parties.

6.        The points for consideration are:

(i).       Whether there is any deficiency of service on the part of opposite parties?

            (ii).     If so, to what relief the complainant is entitled?

7.         The case of the complainant is that on 27.6.2007 he purchased Electric Rice Cooker for Rs.2,796/- from the opposite party no.1 under Ex.A1. At the time of delivering the goods the opposite party no.1 handed over User's Manual under Ex.A2 giving the terms of warranty which discloses that the warranty is valid for a period of one year. The said warranty is issued by opposite party no.2 who is the manufacturer of the said Rice Cooker. When the complainant used the Cooker after 2 days of purchase it is found defective and rice was not cooked properly. Immediately the complainant handed over the same to opposite party no.1 to get it repaired but inspite of several requests it was not rectified. Finally the Cooker was returned to him without rectifying the defect. Therefore, he sought direction for refund of the costs to the Cooker along with compensation.

8.        The opposite party no.2 filed counter and Proof of Affidavit of its Area Service Executive denying the claim of the complainant and further stated that they are supplying quality products having high standards and they claim that the allegations of deficiency of service is made against opposite party no.1 only, hence prayed for dismissal of the complaint against him.

9.        A perusal of Purchase Bill under Ex.A1 Dt: 27.6.2007 reveals that the complainant purchased Electric Rice Cooker from the opposite party no.1 by paying an amount of Rs.2,376/- and at the time of delivery of the Cooker the opposite party no.1 issued User's Manual under Ex.A2 containing the specifications of the goods and also terms of warranty promising to rectify the defect in case of any problem developed in it within a period of one year. The said warranty is issued by the opposite party no.2 who is the manufacturer of the said Cooker and the opposite party no.1 is their authorized dealer. When the complainant put the Cooker for use after 2 days of purchase it developed problem and the rice was not cooked properly. Immediately the complainant approached the opposite party no.1 and informed him about the defect in the Cooker and returned it to the opposite party no.1 who promised to get it repaired as there is warranty. Subsequently the opposite party no.1 returned it to the complainant after several persuasions, but when it is used the same problem is continued as the opposite parties did not rectify the defect. Then the complainant demanded for costs of the Cooker paid by him.

10.       The opposite party no.2 filed a formal counter claiming that they are producing quality products for the last 5 decades but they did not deny about the sale of Cooker to the complainant and also about the complainant made by the complainant about the defect developed in the Rice Cooker. When the opposite party no.2 received complaint from its' customers about the defects developed in their product, it is their duty to provide service to it’s customers by sending their service personnel to rectify the problem as they gave warranty of one year. When their product is sold through their authorized dealer opposite party no.1, the opposite party no.2 is under an obligation to answer the claim of the complainant. There is no record produced by the opposite party no.2 to show that after coming to know about the claim of the complainant, they contacted him to know the defect in the Cooker. When the opposite party no.2 manufactured the Rice Cooker purchased by the complainant, it is under an obligation to supply quality product and rectify the defect as per the terms of the warranty. In this case the opposite party no.2 violated the terms of warranty and they have not provided service to the complainant. Since they supplied defective product to the complainant through opposite party no.1, they are bound to refund the costs of the Cooker to the complainant. There is clear deficiency of service on the part of opposite party no.2. As per bill under Ex.A1 the costs of the Cooker is shown as Rs.2,796/-  out of which an amount of Rs.420/- is deducted and the net amount paid by the complainant under Ex.A1, is Rs.2,376/- which would be the costs of the Cooker. We hold, that the opposite party no.2 is committed deficiency of service, hence we direct the opposite party no.2 to refund an amount of Rs.2,376/- being the costs of the Cooker along with Rs.1,000/- towards compensation and Rs.500/- towards costs of the complaint. The complainant is directed to return the Rice Cooker to the opposite party no.2 as soon as he receive the amount covered by this order.

11.       In the result the complaint is allowed directing the opposite party no.2 to pay an amount of Rs.2,376/- towards costs of the Cooker, Rs.1,000/- towards compensation and Rs.500/- towards costs of the complaint within a period of one month from the date of receipt of this order. The complainant shall return the Rice Cooker to the opposite party no.2 as and when the decretal amount is paid to him.

            Typed to my dictation by Stenographer, after correction the orders pronounced by us in the open court this the 24^th day of November, 2008.

                  Sd/-                                                         Sd/-                                                              Sd/-

MEMBER                                           MEMBER                                                PRESIDENT

NO ORAL EVIDENCE HAS BEEN ADDUCED ON EITHER SIDE

FOR COMPLAINANT:

Ex.A1 is the original Tax Invoice of Prestige Delight Electric Rice Cooker

          issued by opposite party no.1 Dt: 27.6.2007.

Ex.A2 is the User's Manual of opposite parties.

FOR OPPOSITE PARTies:         -NIL-

                  Sd/-                                                         Sd/-                                                              Sd/-

MEMBER                                           MEMBER                                                PRESIDENT