COMPLAINT FILED ON: 24.12.2010
DISPOSED ON: 14.03.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
14TH MARCH 2011
PRESENT:- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2994/2010
Complainant | Sri. B.N. Srinivas, S/o Late B.R. Narayan, Aged about 50 years, R/at No.272, Sri Veerabhadreshwara Nilaya, Kalyan Layout, Bhuvaneshwarinagar, Bangalore – 560 056. Advocate: Sri. S.K. Rajendra & Another V/s. |
OPPOSITE PARTY | The Proprietor, Kamadhenu Enterprises, No.13/7, 1st Main, 5th Cross, Rajajinagar, West of Chord Road, Bovipalya, Near Ganesha Temple, Bangalore – 560 086. Ex-Parte |
O R D E R S
SRI. B.S. REDDY, PRESIDENT
The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite Party (herein after called as O.P.) to refund an amount of Rs.1,550/- and pay compensation of Rs.75,000/- for mental agony and litigation expenses of Rs.10,000/- on the allegations of deficiency in service on the part of the OP.
2. The case of the complainant is to be stated in brief is that:
The complainant purchased Hard Water Coil + Indicator for his domestic Racold Altro Electric Water Geyser from OP on 29.06.2010 by paying an amount of Rs.1,550/-. The copy of the cash bill issued by OP has been produced. In the cash bill it is stated that 12 months un-conditional guarantee. After the purchase of the said coil the same was working till 20.11.2010 i.e., for a period of 4 months 21 days and from 21.11.2010, it was not working properly and when the same was used it resulted a current shocks to complainant’s family members whenever the same was used due to problem in the coil. From 21.11.2010 onwards complainant has stopped using the coil. OP was informed on 21.11.2010 itself about the defect in the coil; OP assured that he will attend the same. From 23.11.2010 to 06.12.2010 complainant has made number of calls to OP to attend and rectify the defect, but the same was fallen on deaf ears and no action has been initiated by OP. On 06.12.2010 the complainant has sent a letter to OP by speed post, the same was delivered to the OP; in the said letter OP was requested to rectify the coil. OP has not bothered to rectify the defect for the coil. Legal notice was sent on 14.12.2010 by speed post under certificate of posting calling upon the OP to rectify the defect within 7 days, failing which necessary legal action will be initiated before the Consumer Disputes Redressal Forum. OP failed to comply with the legal notice hence the complainant having no other alternative; approached this Forum seeking the reliefs stated above.
3. Inspite of service of notice OP failed to appear before this Forum without any sufficient cause, hence placed ex-parte.
4. The complainant filed his affidavit evidence.
5. Heard from Complainant side.
6. After going through the complaint averments and affidavit evidence of the complainant along with documents produced, it becomes clear that the complainant purchased Hard Water Coil + Indicator from OP on 29.06.2010 for his domestic Racold Altro Electric Water Geyser by paying an amount of Rs.1,550/-. The copy of the cash issued by OP produced at document No.1 clearly goes to show that 12 months un-conditional guarantee has been given. The complainant used the said coil for a total period of 4 months 21 days till 20.11.2010 and thereafter the said coil was not working properly and when the same used it resulted in current shocks. The complainant in order to avoid danger to the lives of his family members by making use of the coil; stopped using the same from 21.11.2010. Thereafter inspite of registered letters, legal notice issued, OP has not responded either to rectify the defects in the coil or to replace the same. The postal acknowledgements and copies of letters and the legal notice produced by the complainant goes to show that inspite of demanding to rectify the defects and informing that if the defects are not rectified, the complainant would be compelled to approach the Consumer Disputes Redressal Forum; OP has not bothered either to rectify the defects or to replace the coil. Though the guarantee period was 12 months, but the complainant could hardly make use of the coil for 4 months 21 days upto 20.11.2010. Thereafter failure of the OP to comply the demands to rectify the coil or to replace the same within warranty period amounts to deficiency in service and unfair trade practice on the part of the OP. There is no reason to disbelieve the un-challenged affidavit evidence of the complainant. The very fact of OP remaining absent and not participating the proceedings leads to draw inference that OP is admitting all the allegations made in the complaint in toto. Under these circumstances we are of the view that the complainant is entitled for refund of the cost of the coil with compensation of Rs.1,000/- towards mental agony and hardship suffered along with litigation costs of Rs.500/-. Accordingly we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part. OP is directed to take back the coil and refund an amount of Rs.1,550/- and pay compensation of Rs.1,000/- with litigation cost of Rs.500/- to the complainant, within four weeks from the date of this order.
(Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 14th day of March – 2011.)
PRESIDENT
MEMBER MEMBER
Snm:
