D.O.F. 23.05.2013

                                            D.O.O. 20.11.2013

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. K.Gopalan                   :                President

                   Smt. Sona Jayaraman K.  :               Member

                   Sri. Babu Sebastian         :               Member

Dated this the 20^th day of November,  2013.

C.C.No.151/2013

Sugunan,

S/o. Kumaran

Gulf Hair Cutting Saloon,

Nr. Pappinissery Panchayath, 

Pappinissery                                                         :         Complainant

Kannur – 670 561

(Rep. by Adv. N. Somanthan)

Sunil Kumar,

S/o. Balan,

7/655, Thattanvida,                                             :         Opposite Party

Padiyur- Kalliad Gramapanchayath,

Kannur – 670 593

O R D E R

Smt. Sona Jayaraman K.  Member

          This is a complaint filed under Section 12 of Consumer Protection

 Act for an order directing the opposite party to return back the price of inverter and to give an amount of  Rs.20000/- towards compensation.

          The case of the complainant in brief is as follows :  The complainant purchased an inverter with battery from the opposite party for a price of Rs.6000/- on 25.02.2012.  The inverter was having a warranty of one year.  After two months the inverter was showing some complaints and the opposite party repaired  the same after the request of complainant.  But subsequently the inverter was again damaged and this fact was informed to the complainant.  But the opposite party never attended the damaged inverter of complainant.  The complainant is a barber by profession and the regular current failure and the non-repairing of inverter caused heavy financial loss to the complainant.  So the complaint is filed to direct the opposite party to return the price of inverter and Rs.20000 towards mental agony and compensation.

In pursuance to the notice issued by the Forum the opposite party appeared and filed his version.

As per the version of opposite party he agreed to repair the inverter if the opposite party is producing bill and documents of the inverter.

          On the above pleadings the following issues have been raised for consideration.

1.   Whether there is any deficiency in service on the part of opposite party?

2.   Whether the complainant is entitled for the remedy as prayed in the complaint?

3.   Relief and cost.

The evidence consists of the oral testimony of PW1 and Exts. A1 and A2.

Issues No.1 to 3:

          Complainant contended that the opposite party has not repaired his inverter although he requested several times. Ext.A1 document is the warranty card of the inverter and battery.  That document shows that the complainant has purchased the inverter from opposite party.  During the course of proceedings, the complainant went to the shop of the opposite party and entrusted his inverter for repair as the opposite party agreed to repair the same if it is produced alongwith documents.  Ext.A2 receipt shows that the complainant has handed over the inverter alongwith documents to opposite party for repair.  After that opposite party has not appeared before this Forum.  If the inverter has been repaired he could have reported the same before this Honourable Forum or he could have returned it back to the complainant.  There is no justification for his absence before the Forum.  Although opposite party earlier represented before this Forum that he is ready to repair the inverter he has not done so, when it was produced before him.  So it is clear that there is deficiency of service on the part of the opposite party.  So the opposite party is liable to give cost and compensation to the complainant.  The complainant is entitled to get Rs.6000/- towards the price of the inverter. The complainant is also entitled to get Rs.5000/- towards compensation and Rs.1000/- as cost of the proceedings.

          In the result, the complainant is allowed directing the opposite party to return back Rs.6000/- (Rupees Six Thousand only) as price of the inverter along with Rs.5000/- (Rupees Five Thousand only) as compensation and Rs.1000/- (Rupees One Thousand only) as cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant can execute the order as per the provisions of Consumer Protection Act.

          Dated this the 20^th day of November, 2013.

                           Sd/-                     Sd/-               Sd/-          

                       President               Member          Member   

APPENDIX

Exhibits for the Complainant

A1. Warranty Card.

A2.  Receipt dated 01.10.13.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT