DOF.12-12-2012
DOO.21-06-2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan: President
Dated this, the 21st day of June 2013
C.C.No.414 /2012
K.G.Santhosh,
Karuvanchal,
P.O.Vellad,
Taliparamba Taluk Complainant
The Proprietor,
Gulf Bazar,
Karuvanchal,
P.O.Karuvanchal 670 571. Opposite party
O R D E R
Sri.K.Gopalan, President
This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite party to exchange a same type defect free new DVD with Rs.2200 as compensation or to refund an amount of Rs.4,130 including the price of DVD player.
The case of the complainant is that he had purchased a DVD player manufactured by BELL Co. from opposite party’s shop on 8-12-2012. The player worked for an hour only and stopped the same due to manufacturing defect. He went to the shop on 9.12.2012 but the shop was not working on that day. He went there again on 10.12.12 and asked the opposite party to give him another DVD. But he was not ready to give him another one instead the DVD was taken back telling him to make enquiry after one month. Instead of giving him bill he had issued a written slip. At the time of purchase he had assured that the set would be exchanged if there was any defect and he was the recognized dealer of company BELL. He approached the opposite party twice but in vain. Hence this complaint.
Opposite party made representation and Adv.Muraleedharan Kuthoor filed vakalath for opposite party. But version has not been filed. There after opposite party remained absent and finally called absent and declared exparte. The matter was then posted for evidence and on subsequent posting the chief affidavit filed by complainant and there after exparte evidence was taken. Ext.A1 and A2 also marked.
The question arose to be discussed is whether there is any deficiency in service on the part of opposite party.
Complainant adduced evidence by means of affidavit evidnce.Ext.A1, A2 and affidavit evidence goes to show that complainant had purchased BELL DVD player from opposite party for Rs.1930. The set was purchased on 08.12.2012. The same returned to opposite party on 10.02.2012. So the article purchased returned to opposite party within a day. It is quite sure that the set was defective. Opposite party was not ready to solve the matter. He has taken negative approach right from beginning. He did not come forward to defend the case. There is nothing to disbelieve the complainant. The article was returned on the next working day itself. Hence it is quite understandable that complainant could not use the article and forced to give back the same to opposite party. Opposite party is liable to give him a defect free set but his approach was quite negative, which certainly proves the deficiency in service on his part. On going through the affidavit and documents available on record there is no doubt that there is deficiency in service on the part of opposite party. Hence it is found that opposite party is liable to deliver new defect free DVD of the same price or refund its price Rs.1930 to complainant. Complainant is also entitled for compensation for an amount of Rs.500 and a sum of Rs.1000 as cost of these proceedings. Order passed accordingly.
In the result, complaint is allowed directing the opposite party to deliver a new defect free set of DVD of the same price or to refund the value of the same together with Rs.500(Rupees Five Hundred only) as compensation and Rs.1000 (Rupees One thousand only) as cost of this proceedings to the complainant within one month from the date of receipt of this order failing which complainant is entitled to execute the order as per the provisions of consumer protection Act.
Sd/-
President
APPENDIX
Exhibits for the complainant
A1& A2.Warranty card and bill issued by OP
Exhibits for the opposite parties: Nil
Witness examined for either side: Nil
/forwarded by order/
Senior Superintendent
