Karnataka

Chitradurga

CC/63/2015

Smt.Shashikala W/o. M.G.Swamy - Complainant(s)

Versus

The Owner, Next Retail Shop - Opp.Party(s)

Smt.T.K.Champa

03 Feb 2016

ORDER

   COMPLAINT FILED ON :01.08.2015

               DISPOSED ON:03/02/2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 63/2015 DATED: 3rd FEBRUARY 2016

 

PRESENT :-     SRI. T.N. SREENIVASAIAH      PRESIDENT                                      B.A., LL.B.,

                        SRI.H.RAMASWAMY,               MEMBER

                                         B.Com., LL.B.,(Spl.)

        SMT.G.E.SOWBHAGYALAKSHMI,       

                                         B.A., LL.B.,                   MEMBER

 

COMPLAINANTS	1. Smt. Shashikala, W/o M.G. Swamy   2. M.G. Siddesh @ Siddesh, S/o M.G. Swamy, R/o 5th Cross, Jogimatti Road, Chitradurga.   (Rep by Smt/Sri. T.K. Champa,  Advocate)
OPPOSITE PARTY	The Owner, Next Retail Shop, Santhehonda Road, Chitradurga.   (ex-parte)

 

SMT.G.E. SOWBHAGYALAKSHMI, MEMBER.

ORDER

 

The complainants have filed this complaint U/s 12 of C.P. Act 1986 against the opposite party (here in called OP) to direct the OP to replace the DVD Player or to refund a sum of Rs.7,500/- along with interest at the rate of 12% p.a and to grant such other reliefs.

 2.    Brief facts of the complaint is that, complainant No.1 is the mother of complainant No.2. On 28.03.2013 the complainants visited the shop of the OP in order to purchase DVD player and the OP's sales man has shown the DVD player informing that the set is very good and it covers warranty and guarantee for one year and impressed them to purchase the same and the complainants purchased the same by paying a sum of Rs.7,500/-.  After purchasing the same, they used the said DVD player smoothly as per the guidelines given by the OP and it was working smoothly for the period of 5-6 months from the date of its purchase and suddenly it stopped working.  It is further stated that, complainants informed the same to the OP and handed over the said DVD to OP on 14.11.2013 but, they have not repaired the DVD player or exchanged with another DVD player .  OP gave back the same dead DVD player to them and on questioning about the deficiency of service, warranty and guarantee of the DVD player, they behaved arrogantly and told them to give complaint and sent back with said DVD.  The complainants issued a legal notice to the OP on 16.05.2014 through their Advocate calling upon the OP to replace or to refund the amount of Rs.7,500/- along with Rs.5,000/- towards the mental agony due to the deficiency of service on the part of OP.  The legal notice issued by the complainants duly served, but the OP has not sent any reply, due to the act of the OP, the complainants have suffered mentally and financially.  Hence, this complaint.  The cause of action for this complaint arose on 28.03.2013 when the DVD purchased by them and on 14.11.2013 when the DVD player given to the OP for repairs and the OP failed to repair the same and thereby OP has committed deficiency of service and prayed for allow the complaint with cost.        

 

3.     On service of notice, case called out, OP absent.  Notice issued by this Forum is duly served.  Service of notice is held sufficient.  OP nor its Advocate appeared before this Forum nor filed any version.  Hence, OP placed ex-parte. 

 

4. Complainant No.1 herself examined as PW-1 by filing affidavit evidence and filed documents, the same were got marked as Ex A-1 & A-2.

 

        5. Heard the arguments.

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

 

Point No.1:-Whether the complainants prove that,  they have purchased the DVD player on 28.03.2013 from OP shop by paying Rs.7,500/- and the said DVD player not working properly and they informed the same to OP and taken the DVD player for repairs till today OP fail to repair the same and thereby OP  has committed deficiency of service and entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

      

7. Our findings on the above points are as below.

 

        Point No.1:- Affirmative.

        Point No.2:- As per the final order.

 

                                ::REASONS::

8. Point No. 1:-  It is the case of the complainants that The complainants have purchased the DVD Player from OP on 28.03.2013 by paying an amount of Rs.7,500/- with one year warranty and used the same as per the guidelines of the OP. The above said DVD Player was working properly for 5-6 months and after that, the same was not working properly.  Complainants went to the OP's shop along with DVD player for repairs.  OP received the same on 14.11.2013 and kept with it and failed to repair the same.  OP promised the complainants that after repair of the DVD player he will inform them but, failed to do so.  Complainants visited the OP's shop for so many times but, the OP has not repaired the DVD player an postponed the same on one or the other reason.  After lapse of three months OP returned the DVD player to the complainant without rectifying the defects in the DVD player.  Due to the act of the OP, complainants have suffered mentally, physically and financially.  The requests made by the complainants so many times, but the OP did not heed to the requests made by them and thereby OP has committed deficiency of service and unfair trade practice and prayed for allow the complaint.   

 

9.    In support of their contentions,  complainant No.1 has relied on her affidavit evidence in which she has reiterated the contents of complaint.  Complainants have also relied on documents like Xerox copy of bill dated 28.03.2013 for sum of Rs.7,500/- which shows the complainant No.1 has purchased the DVD Player from the OP and Xerox copy of the complaint/demand register annexure, it shows on 14.11.2013, the complainant No.2 Siddesh has given the DVD player to the OP for repairs.  The register shows the nature of the complaint is dead and also shows the same was attended and in the remarks column OP has not mentioned anything.  It shows that, the OP has not repaired the DVD player.  The entire document shows customer name, address, purchase date, brand and category, model number shows that the complainant brought the product to the OP shop for repairs on 14.11.2013.  The document contents and allegations made by the complainants are tallied.  It shows that, the OP never rectified the defects in the DVD player.  Ex.A-1 legal notice dated 16.05.2014 issued by the complainant through their Advocate calling upon the OP to replace the DVD player or to refund the amount of  Rs.7,500/- within 7 days.  Ex.A-2 the postal acknowledgement shows that, the notice issued by the complainant was duly served on the OP.  OP failed to reply the same.  After filing of this complaint, this Forum issued the notice to the OP and the same was served on OP but, the OP never appeared before this Forum and not filed any version. 

 

10.   On perusal of the entire documents, affidavit evidence filed by the complainants, it shows complainants have purchased the DVD player on 28.03.2013 from the OP by paying Rs.7,500/- and also used the same.  On 14.11.2013, complainants brought the said DVD player for repairs to the OP shop.  OP promised to repair the same and kept the same with it nearly for more than three months and failed to repair or replace the said DVD player.  The attitude of the OP in not rectifying the defects in the DVD player which caused mental, physical and financial sufferings to the complainants.  The Xerox copy of the cash memo shows that the complainants purchased the DVD player on 28.03.2013 for a sum of Rs.7,500/- which carries warranty for one year, which shows complainants are the customer/ consumer to the OP.  It is the duty of the OP to give good service to their customers.  Xerox copy of the complaint cum demo register shows that, on 14.11.2013 the complainants brought the DVD for repairs to the OP shop, till today the OP has not rectified the defects in the above said DVD player.  It shows OP has committed deficiency of service towards the complainants. OP has not escaped from their liability.  If the OP has not rectified the defects in the DVD player, it is the duty of the OP to replace the above said DVD player to the complainants, if failed to replace the same, OP is liable to pay a sum of Rs.7,500/- to the complaints along with interest at 12% p.a from the date of complaint till realization and also OP has paid Rs.2,000/- towards mental agony and Rs.1,000/- towards cost of this proceedings.  Accordingly, we answer the  Point No.1 held as affirmative. 

 

 11.  Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

The complaint filed by the complainants U/s 12 of CP Act 1986 is partly allowed.

 

It is ordered that, the OP is directed to replace the DVD player with same model of the same value by receiving the Old DVD Player from the complainants.  If failed to replace the same, the OP is directed to refund the sum of Rs.7,500/- along with interest at the rate of 12% p.a from the date of complaint till realization to the complainants, within two months from the date of this order.    

It is further ordered that, the OP is directed to pay a sum of  Rs.2,000/- towards mental agony and Rs.1,000/- towards costs of this proceedings to the complainants. 

 

Accordingly, the complaint is partly allowed.

       

 

(This order is made with the consent of President and Member after the correction of the draft on 03/02/2016 and it is pronounced in the open Court after our signatures.)

 

 

 

MEMBER                   MEMBER                        PRESIDENT

 

 

-:ANNEXURES:-

Complainant No.1 by filing affidavit evidence taken as PW-1

Witness examined on behalf of Complainant:

                                                -Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Copy of legal notice dated 16.05.2014 issued by the complainants
02	Ex-A-2:-	Copy of postal acknowledgement

 

 

MEMBER                   MEMBER                        PRESIDENT

Rhr.