BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Tuesday the 17th day of March, 2009
C.C.No. 192/08
Between:
G.Muneaih, S/o. G.Pullaiah,
Plot No.103, D.No.4-35-2/6-5,Vijayalaxmi Nagar, Behind Santhosh Nagar, Kurnool - 518 005.
… Complainant
Versus
Sri Shanthi Engineering Agencies, Engineering and Electrical Contractors,
Represented by its Proprietor,
D.No.67/69, Near Old Bus-stand, Kurnool - 518 001.
… Opposite party
This complaint is coming on this day for orders in the presence of Sri. G.Chalapathi Rao, Advocate, for the complainant, and opposite party is called absent set ex-parte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. K.V.H.Prasad, President)
C.C.No.192/08
1. This case of the complainant is filed U/S 11 and 12 of C.P.Act, 1986 seeking direction on the opposite party to replace the defective gadget with a new , standing and useful one, to pay Rs.50,000/- as damages for mental agony and cost of the case alleging the sale of a defective pump-set of Suguna make of 1 H.P/10 on 25-04-2008 by the opposite party and on account of same inherent defective in panel box dry run(gadget ) the said pump-set is not functioning and in spite of several requests the opposite party not rectifying its defect and paying any care and response his legal notice dated 01-09-2008 even and the said conduct of the opposite party ensured mental agony to the complainant .
2. In pursuance of the receipt of the notice of this forum as to this case of the complainant the opposite party did not turn up to the case proceedings by remaining absent hence he was set ex-parte and the case is proceeded for disposal on its merits.
3. In substantiation of the contentions the complainant side has taken reliance on documentary record in Ex.A1 and A2 besides his sworn affidavit and the sworn affidavit of third party Firoz – plumber cum fitter – and in reiteration of its grievances in the complaint .
4.. Hence the point for consideration is whether the complainant has made out the deficient conduct of the opposite party and there by the liability of the opposite party for the complainants claim.
5. The Ex.A1 is the cash bill dated 25-04-2008 issued by the opposite party to the complainant It envisages the sale of Suguna 1-Hp /10 stage 1 ¼’’ delivery submersible pump-set along with its other accessories mentioned there in for an amount of Rs.19,985/- in addition to Rs.1640/- towards other miscellaneous expenditure such as testing , labour , auto etc., The said fact taken mentioned in complaint and the sworn affidavit of the complainant is remaining proved in the absence of any rebuttal to it.
6. The Ex.A2 is the office copy of legal notice the original of which was acknowledged by the opposite party . It reiterates the case of the complainant and his grievances as to the said purchased pump-set and the conduct of the opposite party in getting the defect rectified. The said notice being not respond by the opposite party insptie of its receipt and the further silent conduct of the opposite party at the case proceedings implies the admission of the facts alleged in legal notice and complaint averments and the sworn affidavit of the complainant as to the alleged purchase of the pump-set and the alleged inherent defect in the said pump-set and its not functioning on account of said defect.
7. The sworn affidavit of the Firoz plumber cum fitter sworn on complainant side also lends support to the complainants case as to the inherent defect in the alleged part and the pump-set in functioning on account of defect in said part and no amount of repair could set right the inherent defect in the said pump-set except replacement of the defect part. In the absence of any rebuttal to the said contention the said defect alleged there in payment proved.
8. From the perusal of the Ex.A1 the said defective part i..e, panel box dry run ( gadget) is costing Rs.2,400/- .From the circumstances in the case as the deficient conduct of the opposite party is remaining crystal clear in selling the defective pump-set and not caring to rectify its inherent defect for providing a satisfactory performance of said set the opposite party is remaining liable either to rectify the said inherent defect in panel box dry run for satisfactory performance of the said pump set sold for cost or in case of any of his inability to replace the said defective for providing satisfactory performance of said set he is to reimburse its cost to the complainant .
9. The opposite party by his defect negligent conduct at the grievances of the complainant as has not only ensured mental agony to the complainant but also driven the complainant to the forum for redressal of his just grievances , the opposite party remains liable to compensate for mental agony of the complainant besides to the cost of litigation to the complainant .
10. Consequently, the case of the complainant is allowed directing the opposite party to replace the defective panel box dry run (gadget) with a new one for providing satisfactory performance of the pump-set purchased by the complainant or in case of any of his inability to replace the said defective part for providing satisfactory performance to the pump set he has to refund its cost of Rs.2,400/- to the complainant . The opposite party by his conduct besides ensuing mental agony driven the complainant to the forum for redressal, the opposite party shall pay to the complainant Rs.2,000/- as compensation for mental agony and Rs.1,000/- as cost of this case. The opposite party is granted one month time from receipt of this order for compliance of the above order . In default the opposite party shall pay the supra award amount with 12% interest from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 17th day of March, 2009.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Cash bill dated 25-04-2008 for Rs.19,985/-.
Ex.A2. Office copy of legal notice dated 01-09-2008 along with
Postal receipt and acknowledgement.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
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
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