2.12.2008

Sri.K.Gopalan, President

This is a compaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to repair or replace the Electronic scale or repay and take back the scale and to pay a sum of Rs 10,000/- as compensation for loss of business and mental agony together with the cost of this proceedings.

The case of the complainant in brief is as follows: The complainant is a grocery merchant. On 21.9.05 he has made an order with the opposite party to deliver him an Electronic scale costs Rs 8000/-. The opposite party delivered the scale on 24.10.2005. Complainant made the payment in time. After four months the scale became functionless. The opposite party repaired on 12.2.06. It was during warranty period . By repair the defects were not cured. Oppoiste party told him that the problem is with the battery so to change the battery. Complainant changed the battery but problem remained the same but functions only sometimes . Matter was informed to opposite party.. On 25.9.06 the scale became totally disfunct.Though opposite party was contcted over phone for repair it , opposite party did not give a proper answer. Complainant tried in many ways to get it repaired by opposite party but opposite party prolonged it saying one thing or the other and defect remained uncured. It affected the business of the complainant which also caused mental sufferings. On 28.6.07 complainant again contacted opposite party over telephone and this time he assured to repair the same on or before 18.7.07 but the opposite party was not turned up. On 24.7.07 lawyer notice was sent by complainant and it was received by opposite party on 25.7.07. But opposite party neither sent reply nor attempted to carryout repair. Hence this complaint.

After receiving the complaint ,Forum issued notice to parties Opposite party did not file the version nor take care to apear before Forum and subsequently called absent and set exparte. 2^nd opposite party was impleaded. He was represented by a counsel but no vakalath filed. He also became absent and subsequently declared exparte. 2^nd opposite party also did not file version.

The evidence consist of oral testimony of comlainant and documentary evidence Exts. A1 to A5 and Ext. C1.

The important question to be decided is whether there is any deficiency on the part of the opposite party and complainant is entitled for the remedy as prayed in the complaint.

The complainant is a grocery merchant. Ist opposite party is the dealer and 2^nd opposite party is the manufacturer. Complainant placed an order with the Ist opposite party by Ext. A1 to deliver an electronic scale worth Rs 8000/-. Oppoiste party delivered the same on 24.10.05. Ext. A2 proves the complainant paid full amount on 15.12.05. It is seen written Account Closed on Ext. A2. That means comlainant has made the full amount on 15.12.05. Ext. A5 receipt shows the address of the 2^nd opposite party.Ext. A1 Order Form carries the name AREVY SCALE COMPANY. Complainant has the case that opposite party misled him to believe that the manufacturer of the scale is a company named AREVY SCALE COMPANY. It really resumbles the name AVERY INDIA. Ext. A5 is a bill issued by AVERY INDIA Ltd . Ext. A1 and A5 if compared it can be seen that both name seems to be similar at first sight but it is different names. First impression misleads the consumers that it is a registered company. Ext. A4 is the web page of Arevy Digital Weighing Scale which shows the original name and address of the manufacturer. In Ext. A4 it is written only AREVY Digital Weighing Scale and not AREVY INDIA. In Ext. A1 it is clearly written AREVY INDIA. This shows the opposite party used the name AREVY so as to make an impression that AREVY INDIA and AVERY INDIA Ltd is one and the same. This is an unfair trade practice on the part of the opposite party. Ext. A4 reveals also the real address of the opposite party.

The commission appointed in this case conducted inspection of electronic weighing machine with the assistance of Assistant Controller of Legal Metrology, Kannur submitted the report which is marekd as Ext. C1. The letter number 906/08 by the Assistant Commissioner produced as part of the Ext. C1 report shows the findings thus: “ Given supply, machine switched on. No display on the machine, found functionless completely” Ext. C1 proves beyond doubt that the weighing machine is faulty. It also proves that the Make is AREVY- Wayanad Scale Service. It is thus clear that there is deficiency in service on the part of Ist opposite party.

In the light of above facts we are of opinion that the Ist opposite party is liable to return the price of the weighing machine Rs 8000/-together with a sum of Rs 1000/- as compensation and a sum of Rs 1500/- as cost of this proceedings. The opposite party is entitled to take back the weighing machine on payment of the amount and orders accordingly.

In the result the complaint is allowed directing the Ist opposite party to pay the price of weighing machine a sum of Rs 8000/-( Rupees eight thousand only) and Rs 1000/-( Rupees one thousand only) as compensation together with an amount of Rs 1500/- (Rupees One thousand five hundred only) as the cost of this proceedings to the complainant within one month from the date of receipt of this order failing which the complainant is allowed to execute the order under the provisions of Cosumer Protection Act.

Sd/- Sd/- Sd/-

MEMBER MEMBER PRESIDENT

APPENDIX

Exhibits for the complainant

A1.Order form issued by OP dt.21.9.05A2.CashA2.Cash receipt dt.15.12.05 issued by OP

A3.Series copy of the lawyer notice dt.24.7.07 sent to OP,Postal receipts, postal acknowledgementcard

A4.Copy of the advetisement of Arevydigital weighing scale

A5.Receiptt /dt,26.9.96 for DDissue to E.A.Sakir

Exhibits for the oppoiste party: Nil

Exhibits for the court

C1.Commission report

Witness examined for the complainant

PW1.Complainant

Witness examined for oppoiste prty: Nil

/forwarded by order/

Senior Superintendent

Consumer Disputes Redressal Forum, Kannur