Date of filing : 10-05-2012
Date of order ; 16 -08-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.157/2012
Dated this, the 16th day of August 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Ismail.P.C, S/o.Kunhabdulla, } Complainant
R/at. Kottayil House,
Kotrachal Colony Junction,
Po.Thaikadapuram, Nileshwar.
(In Person)
The Proprietor, Excellent Electronics, } Opposite party
Kovalpally, Kanhangad.Po.
Kasaragod.Dt.
(Exparte)
O R D E R
SMT.P.RAMADEVI, MEMBER
That the complainant filed this complaint against opposite party alleging deficiency in service.
The facts of the complaint is that the complainant entrusted his Videocon Washing Machine to the opposite party for repair and opposite party repaired the same by replacing one of its components. The opposite party issued the bill for an amount of `810/- and the same was paid by the complainant. But after repair also the washing machine is not working properly and the same is informed to the opposite party and the opposite party told the complainant that one spring has to be replaced then the washing machine will be working properly and undertakes to come for repair. But irrespective of repeated requests the opposite party failed to repair the washing machine. Then the complainant sent lawyer notice asking the opposite party to repair the vehicle. Eventhough he received the notice neither he send any reply nor he repaired the washing machine. Hence this complaint is filed alleging deficiency in service against opposite party.
2. On receipt of notice from this Forum the opposite party not turned up and set exparte.
3. Here the only question is to be answered is whether there is any deficiency in service on the part of opposite party or not?
4. The complainant is examined as PW1 and Exts A1 to A3 documents marked. Ext.A1 is the receipt issued by the opposite party showing the repair charges. That itself shows that the opposite party repaired the washing machine of the complainant. Ext.A2 shows that the complainant made many requests before the opposite party for repairing his washing machine. The opposite party even not ready to reply to Ext.A2. The refusal or delay in repairing a machine by an authorized dealer is caused difficulties to the complainant. Therefore we are of the opinion that there is deficiency in service on the part of opposite party and the opposite party is liable to compensate the complainant. Hence the complaint is allowed and the opposite party is directed to repair the washing machine of opposite party within 2 weeks of receipt of copy of the order on receiving repair charges and the opposite party is directed to pay `2000/- towards the cost of the proceedings within 30 days of receipt of copy of the order. If the opposite party failed to repair the washing machine within 2 weeks as stated above the opposite party is directed to pay `2000/- as compensation to the complainant together with the cost above mentioned.
MEMBER MEMBER PRESIDENT
Exts.
A1.10-08-2011 Receipt issued by Opposite party.
A2.27-08-2011 Copy of Lawyer notice.
A3. Acknowledgement card.
PW1.Ismail.P.C.
MEMBER MEMBER PRESIDENT
Pj/
