By G. adunadhan, President:

            The case of the complainant is that complainant had purchased a grinder machine from some other place.  After a few days, the machine was found defective.  Complainant entrusted the defective crown and pinion of the said machine to the opposite parties and also paid an amount of Rs.1,000/- as advance for the repair charges.  After repeated demands opposite parties failed either to repair the crown and pinion of the machine or to return the advance amount of Rs.1000/- to the complainant.  Therefore complainant is seeking relief against the opposite parties to repair the crown and pinion with bearing and also to pay a compensation of Rs.35,000/-.

            After serving notice opposite parties called absent and set exparte. 

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

            While examining the PW1, he deposed that he entrusted the crown and pinion of the machine for the purpose of repair with the opposite parties.  After receiving the repair charge of Rs.1000/- opposite parties failed to repair the machine or to refund the advance amount, so far.  Opposite parties have not appeared or adduced any evidence before this Forum.  On the other hand, complainant produced Ext. A1 document, which shows that he remitted and amount of Rs.1,000/- to the opposite parties.  No contra evidence adduced by the opposite parties to that effect.  Moreover, PW1 produced Ext. A2 and Ext. A3 documents, which show that the complainant had demanded the crown and pinion to get repaired or to refund the advance given for repair of the machine.  But Opposite party has not replied anything so far.  Under these circumstances we are of the opinion that the complainant is entitled to get back the crown and pinion got repaired along with a compensation of Rs.2500/-.

            In the result the petition is allowed and the opposite parties are directed to return the crown and pinion after get it repaired and also to pay a compensation of Rs.2500/- (Rupees two thousand and five hundred only) to the complainant.  No cost is ordered separately.  Comply the order within 30 days on receipt of the copy of this order.

            Pronounced in open Court this the d14th day of May 2009.

                                                Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1        Invoice dated 6.7.2007 for Rs.1000/-.

A2        Letter from complainant dated 29.8.2008 to the 2^nd opposite party.

A3        Postal acknowledgement card.

Documents exhibited for the opposite parties:

Nil.

Witness examined for the complainant:

PW1            Ashokan.K., S/o. Gopalan Nair, Mavulla parambil House, Tazekoodaranhi.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

(Forwarded/by Order)

Senior Superintendent.