Kerala

Kollam

CC/140/2010

Shirly Wilson,W/o Wilson,Panayamcode Puthan Veedu,Kanjiracode,Kundara - Complainant(s)

Versus

The Managing Director,Henkel India Ltd,No-3,Cenotaph Road,Teynampet,Chennai-600018 and other two - Opp.Party(s)

M.I.Alexander Panicker

30 Nov 2010

ORDER

Consumer Disputes Redressal Forum
Civil Station,Kollam
Kerala
 
CC NO. 140 Of 2010
 
1. Shirly Wilson,W/o Wilson,Panayamcode Puthan Veedu,Kanjiracode,Kundara
...........Complainant(s)
Versus
1. The Managing Director,Henkel India Ltd,No-3,Cenotaph Road,Teynampet,Chennai-600018 and other two
2. Territory Sales Supervisor,Henkel Marketing India Ltd,No-XVI/222(C),Mundanpalam,Kakkanad-Pukkattupady Road,Vadacode,Cochin-682021
.
3. The Manager,Dhanya Super Market,M/S Dhanya Consumers Pvt Ltd,Elampalloor,Kundara
.
............Opp.Party(s)
 
BEFORE: 
 
PRESENT:
 
ORDER

SRI.K. VIJAYAKUMARAN, PRESIDENT.

 

            This complaint is filed seeking compensation for deficiency in service and unfair trade practice on the side of the opp.parties

 

 

The averments in the complaint in brief is as follows:  The complainant is a house wife.  Her husband is working abroad.  Her husband came on annual leave on 24.12.2009 and he brought a lot of clothes for the family and costly Raymond shirts for her husband.   For washing these valuable clothes she purchased Mr.White blue detergent cake from opp.party 3 along with certain other items.  When the valuable clothes were washed using the above soap blue  stains were noticed on the clothes and white shirts showed old brownish appearance.  Clothes worth more than Rs.10,000/- got such stains and became useless.  On verifying the wrappers of the detergent it was noticed that it is of 2008 batch and the offer of Rs.30/- for 3 cakes was cheating.   She issued notice demanding compensation to opp.parties 1 and 2 who are the manufacturer and opp.party3 was is the dealer.   Though they accepted they notice did not do anything.  Hence the complaint.

 

         

The notices issued from the Forum were accepted by opp.parties 1 to 3  Opp.parties 1 and 2 appeared before the Forum but remained absent  thereafter.  Opp.party 3 after accepting notice did not turn up.  Hence opp.parties 1 to 3 were set exparte.

 

          Thereafter the complainant gave evidence as PW.1.   She deposed in terms of the averments in the complaint and proved Exts.P1 to P9.   From the unimpeached testimony of PW.1 and Exts.P1 to P9 the case stands proved.

 

         

In the result the complaint is allowed directing the opp.parties 1 to 3 to pay the complainant a sum of Rs.10,000/- as damages with interest @ 9% per annum from the date of complaint till realization and Rs.2500/- towards compensation and costs.

 

          The order is to be complied with within one month from the date of this order.

 

            Dated this the 30th day of November, 2010.

 

                                                                                    K. VIJAYAKUMARAN :Sd/-

 

                                                                                    ADV. RAVI SUSHA :Sd/-

 

                                                                                    R. VIJAYAKUMAR :Sd/-

I N D E X

 

List of witnesses for the complainant

                                                                                                                

PW.1. – Sherly

List of documents for the complainant

P1. – Bill dated 17.2.2010

P2. – Rapper of detergent

P3. – Copy of complaint dt. 26.2.2010

P4. – Fax copy of Invoice

P5. – Cop0y of Bill from Brothers Tailors

P6. – Copy Advocate notice dt. 14.10.2010

P7. – Postal receipt

P8. – Acknowledgement card

P9. – Reply notice dt. 20.5.2010

                                                                                               

 

 

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