By. Sri. Jose. V. Thannikode, President:-
The complaint is filed against the opposite party to get it repair the car washer and to get compensation for the non repair of the car washer.
2. Brief of the complaint:- The complainant bought a car washer on 31.07.2012 from the opposite party for Rs.8,295/-. After 10 days of use the same is became complaint and it was entrusted to opposite party for repair. The opposite party accepted the car washer and agreed to repair and delivery within 15.08.2012 without any cost, because it is within the warranty period. But the opposite party has not given back the car washer even after so many request by the complainant. So the complainant forced to send a Registered Notice to the opposite party and opposite party received the notice and replied on 07.11.2012 stating that the washer became compliant due to the careless use, and due to the careless use, the control valve is became complaint and opposite party demanded Rs.910/- from the complainant as the cost of control valve. The complainant was not ready to take back the car washer after paying Rs.910/- because the complaint occurred within the guarantee period and say that, not returning the car washer after rectifying the defect is the deficiency of service from the side of the opposite party and requested the Forum to direct the opposite party to return back the car washer after rectifying the defects without charging any cost and to pay Rs.3,500/- as cost and compensation for delay caused.
3. The complaint filed on 15.11.2012 and Notice were served to opposite party on 26.11.2012 and time was granted till 02.01.2013 for version. The opposite party neither appeared before the Forum nor filed his version. Hence on 02.01.2013 opposite party is set
ex-parte and proceeded with the case. Thereafter the opposite party appeared and filed I.A. No.4/2013 for set aside the ex-parte Order. Copy given to complainant and complainant filed counter and heard both parties and I.A. No.4/2013 is dismissed and proceeded with the case.
4. On considering the complaint, affidavit and documents produced by the complainant the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite party?
2. Relief and cost.
5. Point No.1:- To prove complainant's case in addition to the complaint he has filed proof affidavit. In the proof affidavit he stated as stated in the complaint. He also producedExts.A1 to A6 documents to prove the case. On perusing Ext.A1 it can be seen that the complainant purchased the car washer from the opposite party on 31.07.2012 for Rs.8,295/-. Ext.A2 shows that the opposite party gave a customer information card to the complainant. Ext.A3 is the letter sent to the opposite party by the complainant regarding the matter and Ext.A4 is Postal Receipt by which the letter is sent and Ext.A5 is the Acknowledgment card. Ext.A6 is the Reply Notice to the letter sent by the complainant which shows all the above transactions was true and guarantee was also accepted by the opposite party. So we are in the opinion that in the warranty period not rectifying the defects of the machinery which is became complaint without charging the repair charge is the deficiency of service from the part of the opposite party and Point No.1 is found accordingly.
6. Point No.2:- The complainant is entitled to get back the repaired car washer and also entitled to get Rs.1,000/- as cost and compensation.
In the result the complaint is partly allowed and opposite party is directed to return back the complaint rectified car washer and Rs.1,000/- (Rupees One Thousand) only as cost and compensation to the complainant within 30 days of receipt of this Order. If the opposite party is failed to comply the Order within the stipulated period the complainant is entitled to get 15% interest for the cost amount till the date of full payment.
Pronounced in Open Forum on this the 7th day of June 2013.
Date of Filing:15.11.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Retail Invoice. Dt:31.07.2012.
A2. Customer Information Card.
A3. Copy of Letter. Dt:02.01.2012.
A4. Postal Receipt. Dt:02.11.2012.
A5. Acknowledgment Card/
A6. Reply Notice. Dt:07.11.2012.
Exhibits for the Opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
