By. Smt. Renimol Mathew, Member:
Brief of Complaint:- The complainant is residing at Ambalavayal in Wayanad District and now he is working at Malappuram District. On 17.12.2012 the complainant purchased a Bata Leather Sandal worth Rs.720.95/- from opposite party's shop at Sulthan Bathery. This sandal became useless within one month. When the complainant informed this to the shop owner over telephone, the opposite party fixed two appointments with this complainant at opposite party's shop. When complainant reached opposite party's shop it is found that shop was closed. Again he contacted the opposite party over phone. As per the request of opposite party the complainant waited in front of the closed shop for 3 to 4 hours. Again complainant called opposite party from his work place at Malappuram, opposite party promised that he is ready to replace the sandal. As per the promise the complainant again approached opposite party's shop but the result was the same as before. Apart from the promise opposite party did not returned the sandal or not even ready to hear the grievances of this complainant. This creates many inconvenience to the complainant. Instead of return the sandal opposite party troubled this complainant a lot. This is deficiency in service from the part of the opposite party. The shop found closed for the last few months hence the complainant approached this Forum. He prays to return the defective sandal with a new one or to return the price of the sandal Rs.721/- with 15% interest and Rs.1,600/- as cost and compensation.
2. Notice sent to opposite party returned stating that “Intimation served on 16.03.2013
but unclaimed the notice”. The case is posted for 16.04.2013 for appearance of opposite party. But opposite party neither present nor filed his version within the statutory period. Hence the opposite party is set ex-parte and proceeded with the case.
3. On considering the complaint the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite party?
2. Relief and Cost.
4. Point No.1 :- To prove complainant's case he filed his chief affidavit and complainant is examined as PW1. Ext.A1and MO1 were marked. Ext.A1 is the bill received by the complainant from the opposite party's shop. MO 1 is the defective sandal produced by the complainant. On going through the evidence adduced by the complainant it is clear that on 07.12.2012 he bought a sandal from opposite party's shop. Guarantee chart also printed in the back side of the bill. On perusal of MO 1 it seems like an old one, some visible defects are there in the MO 1. The opposite party not appeared and not raised any contention to defend his case. So we are in the opinion that there is deficiency in service on the part of the opposite party. Point No.1 is found accordingly.
5. Point No.2:- Since Point No.1 is answered in favour of complainant So the complainant is entitled to get a new sandal or to get back the price of the sandal which ever is possible by the opposite party. Point No.2 is decided accordingly.
In the result the complaint is partly allowed. The opposite party is directed to return the defective sandal with a new one or to pay the price of the sandal that is Rs.721/- (Rupees Seven Hundred and Twenty One) only. The opposite party is also directed to pay Rs.500/- (Rupees Five Hundred) only as cost and compensation. This Order must be complied by the opposite party within one month from the receipt of this Order, otherwise the opposite party is directed to pay the complainant an amount of Rs.1,221/- (Rupees One Thousand Two Hundred and Twenty One) only with interest @ 10% till realization of the amount. The complainant is directed to return the MO 1 to opposite party.
Pronounced in Open Forum on this the 27th day of May 2013.
Date of Filing:02.03.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Suresh. P. G.. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Cash Sales Bill. dt:17.12.2012.
MO 1. Bata Leather Sandal.
Exhibits for the Opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
