Tamil Nadu

North Chennai

CC/31/2016

kavitha - Complainant(s)

Versus

The Propreitor Angels Family Stop P LTd Anna Nager chennai-40 - Opp.Party(s)

Party In Person

03 Jun 2016

ORDER

                                                            Complaint presented on:  29.01.2016

                                                                Order pronounced on:  03.06.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 03^rd DAY OF JUNE 2016

 

C.C.NO.31/2016

 

 

N.Kavitha,

R-Block, Door No:34,

16^th Street,

Annanagar, Chennai – 600 040.

                                                                                ..... Complainant

 

..Vs..

 

The Propreitor,

Angels Family Stop (P) Ltd.,

AC – 15, Second Avenue,

Bluestar, Annanagar,

Chennai – 600 040.

	...Opposite Party

Date of complaint                                  : 11.03.2016

Counsel for Complainant                      : Party in person

Counsel for Opposite Party                     : Ex – parte

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant purchased a Battery operated Baby car from the Opposite Party Angels family shop on 10.10.2015 for a consideration of Rs.13,765/- and the Opposite Party  technicians delivered the car on the same day at about 6.00 pm . The car stopped working on the next day morning and the Complainant, Complained to the Opposite Party and the service technician inspected the car and found the battery is defective and changed the battery.  After change of battery, couple of days the car worked and again stopped working and was complained to the Opposite Party on 14.10.2015. The Opposite Party service technician took the car on 15.10.2015 and after 4 days delivered on 19.10.2015 stating new battery had been replaced. Again on the next day the car stopped working and informed to the Opposite Party and requested to refund the cost of the product. The Opposite Party did not refund the cost of the product. Hence the Complainant sent notice on 05.11.2015 through Rotary Consumer Guidance Cell, Anna Nagar and again she sent notice on 07.11.2015 and thereafter on 11.12.2015 and 18.12.2015 to the Opposite Party and however the Opposite Party did not redress the grievance of the Complainant. Hence the Complainant filed this Complaint for refund of the cost of the product, compensation for mental agony with cost of the Complaint.

          2. The Opposite Party though received notice, he did not appear to defend the Complaint and hence he was set ex-parte.

          3. The Complainant filed proof affidavit and written arguments.  The Complainant documents are marked as Ex.A1 to Ex.A8.

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

5.POINT NO :1

          The Complainant purchased a Battery operated Baby Car for her child on 10.10.2015 on payment of consideration of Rs.13,765/- and the Opposite Party issued Ex.A1 bill for the sale of the product and the baby car was delivered to the Complainant on the same day at about 6.00 pm at the residence of the Complainant.

          6.The  car stopped working on the next day morning 11.10.2015 and the Complainant  informed the Opposite Party   and the Opposite Party technician went to the Complainant residence changed the battery to a working condition and after two days again the car stopped working and the Complainant informed the Opposite Party  on 14.10.2015 and the technician of the Opposite Party took the car on 15.10.2015 and after repair by changing new battery delivered on 19.10.2015 and again the car stopped working next day onwards. Hence the Complainant asked the Opposite Party to refund the cost of the product and however the Opposite Party has not refunded.

7. The Car stopped working on 3 occasions even after changing the  battery leads to an irresistible conclusion that the product  is having inherent defect. The Complainant sent notices Ex.A2, Ex.A3, Ex.A5 and also sent Ex.A7 through rotary Consumer Guidance Cell to refund the cost of the product, the Opposite Party even after receipt of such notices neither he refunded the amount nor he replied to her notices. The product is having inherent defect proves that the Opposite Party committed Deficiency in Service by selling the defective goods to the Complainant.

8. POINT NO :2

As the product is a defective one, the Complainant is entitled for refund of the cost of the product is acceptable. The Complainant purchased the Toy Car for her child and the same is not working from the next  day of purchase of the car and  she suffered with mental agony is accepted and for such mental agony it would be appropriate to order a sum of Rs.5,000/- towards compensation besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.13,765/- (Rupees thirteen thousand seven hundred and sixty five only) towards the cost of the product to the Complainant and also to pay  a sum of Rs. 5,000/- (Rupees five thousand only) towards compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses. The above amount shall be paid to the Complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 03^rd day of June 2016.

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated  10.10.2015                  Battery operated baby car  purchase bill from

                                                   Angels Family Stop (P) Ltd, Annanagar, Chennai –

                                                   600 040.

Ex.A2 dated 05.11.2015                   Reg.Form of  Rotary Consumer Guidance Cell,

                                                   Annanagar, Chennai – 600 040.

Ex.A3 dated  07.11.2015                  First Complaint Notice to Angels Family Stop (P)

                                                    Ltd.,

Ex.A4 dated 12.11.2015                   Complainant consignor copy & Acknowledgement

                                                   copy from Angels Family Stop (P) Ltd.,

Ex.A5 dated 11.12.2015                   Second Formal Notice to Angels Family Stop (P)                       

                                                    Ltd.

Ex.A6 dated 12.12.2015                   Complainant consignor copy & Acknowledgement

                                                   copy from Angels Family Stop (P) Ltd.

Ex.A7 dated 18.12.2015                   Notice issued by the Chairman, Rotary Consumer

                                                   Guidance Cell, Annanagar, Chennai – 600 040.

Ex.A8 dated 26.12.2015                   Acknowledgement copy from Angels Family Stop

                                                    (P) Ltd.

 

 

MEMBER – II                                                               PRESIDENT