COMPLAINT FILED ON: 14.10.2010
DISPOSED ON: 17.05.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
17TH MAY 2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
COMPLAINT NO.2361/2010
Complainant | N.Narayana Swamy, S/o late Chikkanarasegowda, No.442, S.V.S. School Road, Survey No.9, Maruthi Nagar, Sonnenahalli, Ullal Post, Kengeri Hobli, Bangalore-56 In Person V/s. |
OPPOSITE PARTY | Sri. Prakash S.G. No.240, 3rd phase, Survey No.9, Maruthi Nagar, Sonnenahalli, Ullal Post, Kengeri Hobli, Bangalore-56. Exparte |
O R D E R
SRI. B.S.REDDY, PRESIDENT
The complaint in person filed this complaint u/s. 12 of the Consumer Protection Act of 1986 seeking direction against the Opposite Party (herein after called as O.P) to replace the water filter; alternatively to refund the amount of Rs.10,500/- paid towards the cost of the water filter. Further to pay an amount of Rs.2,400/- paid for purchase of Filter Water and deposited amount of Rs.500/- along with litigation cost of Rs.500/- on the allegations of deficiency in service on the part of OP.
2. Inspite of service of notice OP failed to appear, hence placed exparte.
3. The complainant in order to substantiate complaint averments filed affidavit evidence.
4. Heard from complainant side.
5. We perused complainant averments, documents produced along with affidavit evidence of the complainant. The complainant has paid an amount of Rs.10,500/- through cheque dated 23.12.2009 drawn on Uco Bank Kengeri in favour of OP towards cost of water filter purchased by complainant. The bank account statement produced by the complainant clearly goes to show that the cheuqe issued by the complainant in favour of the OP for Rs.10,500/- has been encashed. The copy of warranty card produced in respect of the water filter reveals that Vinson Advantage Marketing, No.60/10, Old Rajinder Nagar, New Delhi is shown as the dealer. OP made the complainant to purchase the water filter with assurance that he would attend the repairs if any, for the same and installed the water filter at the residence of the complainant. The said water filter is not working since 15.03.2010. The complainant has informed OP through phone and also by registered letter to come and attend the repair of the water filter but OP has not responded for the same. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced. The very fact of OP remaining exparte leads to draw inference that OP is admitting the complaint averments. Thus it becomes clear that OP has supplied defective water filter which amounts to unfair trade practice. The complainant is entitled for refund of the amount paid towards the cost of water filter. Accordingly we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part. OP is directed to refund Rs.10,500/- received towards cost of water filter and collect the water filter from the complainant and pay litigation cost of Rs.500/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
(Dictated to the Stenographer and typed in the computer and transcribed by him verified and corrected, and then pronounced in the Open Court by us on this the 17th day of May 2011.)
MEMBER PRESIDENT
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