kavitha filed a consumer case on 03 Jun 2016 against The Propreitor Angels Family Stop P LTd Anna Nager chennai-40 in the North Chennai Consumer Court. The case no is CC/31/2016 and the judgment uploaded on 12 Jul 2016.
Complaint presented on: 29.01.2016
Order pronounced on: 03.06.2016
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd 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 03rd DAY OF JUNE 2016
C.C.NO.31/2016
N.Kavitha,
R-Block, Door No:34,
16th 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 03rd 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
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