CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present Sri.Santhosh Kesavanath.P. President Smt.Bindhu M. Thomas Member Sri.K.N.Radhakrishnan Member.
CC.No.12/2010. Saturday, the day of 27th, Februry, 2010.
Petitioner Joby K.George Kunnappillil house EP/XII 54 B, MG University College Road, Chruvadoor, Peroor.P.O. Ettumanoor. Vs. Opposite party Sylcon Sarah Shores KMC/IX/256,257 Mateethara Commercial Complex Baker junction, M.C.Road Kottayam.
O R D E R Sri.K.N.Radhakrishnan, Member.
The case of the complainant is as follows. He had purchased a ladies chapel from opposite party for an amount of Rs.750/- on 8.4.2009. The opposite party offered one year guarantee from the date of purchase. The chapal was very poor quality and damaged within a month and returned to the showroom on May, 2009. It was repaired and get back on August, 2009, after continuous request through phone and direct visit the show room. But the product was not repaired properly and the same were damaged within a week and returned the show room on 21 August 2009. When the complaint contacted the show room, the manager Mr.Mani was committed to sound back by courier within two weeks. No response from the opposite party upto 17.9.2009. Then the complainant wrote a letter to the opposite party for a fresh chapel instead of old chapel or refund the price of it. There was a clear deficiency in service on the part of the opposite party. Hence this complaint. -2- The notice was served with the opposite party. They did not appear either in person or through their counsel even after accepting the notice from this forum. Hence the opposite party set exparte. The complainant filed affidavit and two documents which are marked as exhibits A1 and A2. But in the affidavit there was no attestation. Heard complainant. We have gone through the complaint, affidavit and documents. The case of the complainant is that the chapel became defective within a short time after its purchase. According to him the opposite party was not returned the chapel after repairs. The specific case of the complainant is that the chapel was having one year guarantee from the date of purchase. But the chapel became defective within a short period after its purchase. So according to the complainant the chapel having some manufacturing defects in it. The case of the complainant stands un-challenged by the opposite party even after accepting the notice from this forum. Hence we have no reason to dis-believe the case of the complainant. We are of the opinion that the case of the complainant is to be allowed. In the result the complaint is allowed as follows. (1) We direct the opposite party to refund Rs.750/- ie. The price of chappel and pay Rs.500/- as compensation for in conveniences and pay Rs.300/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order.
Sri.K.N.Radhakrishnan Member Sd/- Sri.Santhoshkesavanath.P. President Sd/- Smt.Bindhu M.Thomas Member. Sd/-
-3-
APPENDIX Documents produced by complainant. A1 is the bill dt. 8/4/2009 A2 is the copy of token for repair.
By orders,
Senior Superintendent. Kgr/4 copies.
| HONORABLE Bindhu M Thomas, Member | HONORABLE Santhosh Kesava Nath P, PRESIDENT | HONORABLE K.N Radhakrishnan, Member | |