DATE OF FILING : 3.5.2011

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 27^th day of June, 2011

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.BINDHU SOMAN MEMBER

C.C No.106/2011

Between

Complainant : Varghese Kurian,

Kappilammootil House,

Chinnar P.O.,

Karintharuvi, Idukki District .

(By Adv: Lissy M.M.) And

Opposite Parties : 1. The Manager,

Kallarackal Agencies,

Kattappana P.O.,

Idukki District.

2. Bajaj Electricals Ltd.,

45 – 47, Veer Nariman Road,

Mumbai – 400 001.

O R D E R

SMT. BINDHU SOMAN (MEMBER)

The complainant had filed this petition alleged deficiency of service against the opposite parties.

The complainant had purchased an iron box from the opposite party for Rs.1,000/- on 26.5.2010. After a usage of few months, the iron box became defective, the complainant informed the matter to the 1^st opposite party. The 1^st opposite party is the dealer and authorised agent of the 2^nd opposite party. The 2^nd opposite party is the manufacturer of this iron box. The 1^st opposite party told that the Technical Engineer would visit their showroom on 30.3.2011. On that day he asked the complainant to come for giving information. The 1^st opposite party collected the phone number of the complainant. The complainant expected the service of the 1^st opposite party. But the opposite parties never tried to rectify the defect of the complainant's iron box. Hence the petitioner had filed the petition before this Forum. In this petition the complainant want to repair the iron box and also seek cost and compensation.

2. In spite of notice, the opposite parties are absent. No written version filed, made exparte.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of oral testimony of PW1 and Exts. P1 and P2 marked on the side of the complainant

(cont.....2)

- 2 -

5. The POINT :- The complainant had examined as PW1 and marked Ext.P1 and P2 and also MO1. Ext.P2 is the guarantee paper of the iron box issued by the 2^nd opposite party. Ext.P1 is the cash bill of the iron box. MO1 is the defective steam iron box. Ext.P1 is the cash bill which shows that he paid Rs.1,000/- for the purchase of iron box. It is purchased on 26.5.2010 and became defective on 30.3.2011. MO1 is the defective iron box. The 1^st and 2^nd opposite parties are well known establishments and they can keep good customer relationship. When a complaint arise, it is the duty of the opposite party to cure the complaint. Here the petitioner was awaiting for their service for about two months, but the opposite parties never tried to rectify the defect of the complainant's steam iron box. So we found deficiency of service on the part of the opposite parties.

Hence the petition allowed. The opposite parties are directed to return a new same brand steam iron box to the complainant after taking back the old one within 15 days of receipt of a copy of this order or pay the cost of the same as per Ext.P1. The opposite parties are also directed to pay Rs.1,000/- as compensation to the complainant within 15 days of receipt of a copy of this order failing which the amount shall carry 12% interest from the date of defautl.

Pronounced in the Open Forum on this the 27^th day of June, 2011

Sd/-

SMT. BINDHU SOMAN (MEMBER)

Sd/-

I agree SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Varghese Kurian

On the side of the Opposite Parties :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - The cash bill issued by the 1^st opposite party dated 26.5.2010.

Ext.P2 - The guarantee paper of the iron box issued by the 2^nd opposite party.

On the side of the Opposite Parties :

Nil.

Forwarded by Order,

SENIOR SUPERINTENDENT