By. Smt. Renimol Mathew, Member:-
Brief of the complaint:- On 12.01.2012 the complainant purchased one Emergency Lamp manufactured by Vinverth from the shop of opposite party for Rs.1,100/-. Within two weeks the Emergency lamp stopped its functioning and the matter was immediately reported to the opposite party. As per his advice the defective Emergency lamp was handed over to opposite party for repair on 28.01.2012. Thereafter the complainant approached opposite party several times regarding the return of the repaired Emergency lamp, and till the date of this complaint, that was on 04.01.2013, opposite party not even ready to give back the repaired Emergency lamp. Thereafter complainant requested to refund the cost of the Emergency lamp instead of repaired one, but the opposite party was not ready to repay the full amount. According to complainant this is deficiency in service from the part of the opposite party. Hence he prays for a direction to refund the cost of the Emergency lamp instead of repaired one and compensation of Rs.5,000/- and cost of Rs.1,000/-.
2. Notice sent to opposite party and intimation served on 09.02.2013. Sufficient time has given to opposite party to file version but he was not present before this Forum or filed his version. Hence opposite party is set ex-parte and proceeded with the case.
3. On considering the complaint and affidavit the following points are to be considered?.
1. Is there any deficiency in service from the part of the opposite parties?
2. Relief and Cost.
4. Point No.1:- To prove complainant's case he filed chief affidavit and also produced
Exts.A1 to A5 documents. Ext.A1 is the Estimate Bill dated 12.01.2012 for Rs.1,100/-. Ext.A2 is the Lawyer Notice dated 19.11.2012. Ext.A3 is the Postal Receipt and Ext.A4 is the Acknowledgment Card. Ext.A5 is the Users Manual given by opposite party to the complainant. The opposite party not present before this Forum to defend his case. On perusal of the document Ext.A1 it is clear that the complainant purchased an Emergency Lamp from the opposite party on 12.01.2012. According to the complainant it stopped its functioning within few days from the date of purchase. The matter was immediately reported to opposite party. According to his advice the defective Emergency Lamp was entrusted to opposite party for repair. But till this date the opposite party not returned it. This is nothing but deficiency of service from the part of the opposite party. Regarding electrical goods defects can be caused at any time but dealers are bound to repair the goods or provide necessary services within a stipulated period. In this case defect is caused within warranty period. Instead of repairing the Emergency Lamp the opposite party troubled this complainant for more than one year. The complainant waited for a long period to get a remedy. Hence we are in the opinion that there is deficiency in service from the part of the opposite party. The point No.1 is found accordingly.
5. Point No.2:- The opposite party failed to return the repaired Emergency Lamp even after the completion of one year. Hence complainant filed this complaint to refund the price with cost and compensation. Hence complainant is entitled to get refund of the cost of Emergency Lamp that is Rs.1,100/- and Rs.1,000/- as cost and compensation. The Point No.2 is decided accordingly.
In the result the complaint is partly allowed. The opposite party is directed to refund the cost of Emergency Lamp that is Rs.1,100/- (Rupees One Thousand and One Hundred) only and he is also directed to pay Rs.1,000/- (Rupees One Thousand) only as cost and compensation to the complainant. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order. If the opposite party failed to comply the Order within 30 days, the opposite party is directed to pay an interest @ 12% till the full payment.
Pronounced in Open Forum on this the 17th day of June 2013.
Date of Filing:04.01.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Estimate Bill. Dt:12.01.2012.
A2. Lawyer Notice. Dt:19.11.2012.
A3. Postal Receipt. Dt:19.11.2012.
A4. Acknowledgment Card.
A5. Operating Manual.
Exhibits for the Opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
