By Sri. Chandran Alachery, Member:

The complaint filed under section 12 of the Consumer Protection Act for an order directing the Opposite party to replace the steel door sold by the Opposite Party which is damaged with a new one worth Rs.10,600/- or to pay Rs.10,600/- as value of damaged door along with fitting charge of Rs.1,000/- also. The Complainant also prayed for compensation of Rs.5,000/- and Rs.1,000/- as cost of the proceedings.

2. Complaint in brief:- The Complainant purchased a steel door from Opposite party on 20.07.2012 for a value of Rs.10,600/-. The Opposite party assured 20 years guarantee for the steel door and that is noted in the bill. But just before one month, the paint of the door began to damage and the steel door began to rust in there parts. The Complainant went to the Opposite Party's shop and Complained about it. But the Opposite party instead of replacing, insulted the Complainant. The act of Opposite party is unfair trade practice and deficiency of service. Hence the complaint.

3. On receipt of complaint, notice was issued to Opposite Party and Opposite Party appeared before the Forum and filed version. In the version, the 1^st Opposite Party contended that the Complaint does not contain from whom the Complainant purchased the door. The 1^st Opposite Party denied all other material allegations in the complaint. The name of 2^nd Opposite Party is later struck off by the Forum upon a petition by the Complainant.

4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.

1. Whether there is deficiency of service from the part of Opposite party?

2. Relief and cost.

5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and document is marked as Ext.A1. The Opposite party also filed proof affidavit and later submitted that there is no oral evidence for Opposite party. No documents marked for the side of Opposite party. Ext.A1 is the original bill issued by 1^st Opposite party wherein it is clearly stated that the value of steel door sold by the 1^st Opposite party is Rs.10,600/-. In Ext.A1, it is noted that there is 20 years guarantee to the product. The purchase of steel door is on 20.07.2012 and the Complaint is made in 22.10.2012 ie 3 months after purchase.  The Complainant described the damages happened to the steel door in the Complaint and in the affidavit also. The Opposite party did not prove otherwise by taking necessary steps to examine the door. Ext.A1 document clearly shows that the Complainant purchased the steel door from the Opposite Party. The affidavit of the Complainant can be taken in to consideration for proving the damages. So the Forum found that failure to replace the damaged door or to refund the purchase price to the Complainant is a deficiency of service from the part of Opposite Party. Point No.1 is found accordingly.

6. Point No.2:- Since point No.1 is found in favour of Complainant, The Complainant is entitled to get cost and compensation.

In the result, complaint is partly allowed and the Opposite party is directed to replace the damaged steel door with a new one worth Rs.10,600/- to the Complainant at Opposite Party's own cost. If Opposite party fails to replace the steel door to the Complainant at any circumstances, the Opposite Party is directed to refund Rs.10,600/- (Rupees Ten thousand and Six hundred) only to the Complainant. The Opposite Party is also directed to pay Rs.1,000/- (Rupees One thousand) only as compensation and Rs.1,000/- (Rupees One thousand) only as cost of the proceedings. On replace of steel door or on refund of value of steel door, the Complainant is directed to give back the damaged steel door to the Complainant. The Opposite Party shall comply the order within 30 days from the date of receipt of this order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28^th day of April 2015.

Date of Filing:22.10.2012.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Salu. T.A Complainant.

PW2. George. T.T Shop Owner

Witness for the Opposite Parties:

Nil.

Exhibits for the complainant:

A1. Tax Invoice. dt:20.07.2012

Exhibits for the opposite Parties.

Nil.