BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Wednesday the 3^rd day of August, 2011

C.C.No.25/2011

Between:

S.Jayashree, W/o. S.Chandrasekhar,

R/o H.No.1-1855-2, Gandhi Nagar,Yemmiganur-518 360, Kurnool District.                                          

 …Complainant

                                          -Vs-

The Proprietor, Sree Maheswari Electronics and Refrigerations

H.No.40-354-51, Park Road, Kurnool-518 001.                                                         

   ...Opposite ParTy

        This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainant and opposite party as called absent for upon perusing the material papers on record, the Forum made the following.

   ORDER

(As per Smt. S.Nazeerunnisa, Lady Member)

                                           C.C. No. 25/2011

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying to direct the opposite party:-

1. To replace the defective Microwave Oven with a new piece or to pay the price of the piece with interest @ 24% P.A.;

(b)    To pay a sum of Rs.10,000/- towards the compensation for causing mental agony and hardship;

(c)    To pay the costs of the complaint;

                                        And

1. To pass any such order or orders that are deem to be fit and proper in the circumstances of the case.

2.    Briefly the complainant version is that, on 3-05-2008 the complainant purchased one Microwave Oven cooking system of OM 20 FCD from M/s Saravana Salvarathnam Vessels and Home Appliances, plot No.39, Ranganathan Street, T.Nagar, Chennai, for a sum of Rs.10,672/- (Ten thousand six hundred seventy two).  The said seller issued warranty certificate which is marked as Ex.A1.  As per the warranty oven can be repair at any authorized service center within the period of 12 months from the date of purchase.  Soon after purchase of oven, it started troubling, then the complainant approached the said seller and complaint about the defective oven.  The said seller instructed the complainant to hand over the oven to the local authorized service center i.e., the opposite party to repair it.  Accordingly on 18-04-2009 the complainant handed over the Microwave Oven to the opposite party to carryout the repairs.  The opposite party agreed the same and issued one service acknowledgement card vide Job.No.889 with special reference No.3003090031 dated 30-03-2009 which is marked as Ex.A3.   The opposite party promised to return the oven within one month but         did not return it.  At last on 27-04-2010, the complainant got issued legal notice to the opposite party by   demanding to replace the defective oven with a new one, it is marked as Ex.A4.  Though the opposite party received notice, did not responded to it.  There is deficiency on the part of the opposite party.  Hence this complaint is filed. 

3.     The complainant filed sworn affidavit and documents marked as Ex.A1 to A4 in support of this case.

4.     Opposite party called absent and set exparte.

5.     The complainant filed written arguments.

6.     The points for consideration are:

1. Whether there is any deficiency of service on the part of the Opposite Party?

1. Whether the complainant is entitled to the reliefs as prayed for?

1. To what relief?

7.      POINTS 1 & 2:- It is the case of the complainant that the complainant purchased one microwave Oven cooking system model of OM 20 FCD from M/s Saravana Salvarathnam Vessels and Home Appliances, plot No.39, Ranganathan Street, T.Nagar, Chennai, for a sum of Rs.10,672/- (Ten thousand six hundred seventy two). Ex.A2 is the photo copy of Vysya Bank statement of account No.(311010023242) for a period of 01-01-2008 to 30-06-2008 in the name of Chandra Sekhar, who is the husband of the complainant.  Ex.A1 is the warranty certificate issued by the said seller.  As seen from Ex.A1 and A2 it is established that the complainant purchased the oven from the said seller for an amount of Rs.10,672/- and the said seller issued a warranty certificate in favour of the complainant.  As per Ex.A1 the oven can be repaired at any authorized service center within the period of 12 months from the date of purchase.

8.     According to the complainant, soon after the purchase of oven, it started troubling, then the complainant informed about the troubling in oven, the said seller instructed the complainant to hand over the oven to the local authorized service center.  Accordingly on 18-04-2009 the complainant approached the opposite party and handed over the defective oven within warranty period to carry out the repairs.  The opposite party agreed the same and issued one service acknowledgement card Job No.889 with special reference No.3003090031 dated 30-03-2009 which is marked as Ex.A3.  the opposite party promised to return oven with in one month but did not returned it.  At last on 27-04-2009, the complainant got issued   legal notice to the opposite party and acknowledged the same by the opposite party.  As per Ex.A3 it is evident that the complainant handed over the oven to the opposite party to carryout the repairs             within warranty period.  As seen from Ex.A1 to A4 it is clear that the opposite party is under a bounded duty to carry out the repairs with free of charge within a warranty period of 12 months from the date of purchase.  The opposite party is negligent and committed deficiency of service on his part and also responsible for caused mental agony to the complainant.  The opposite party is directed to pay Rs.2,000/- by way of compensation. 

 9.    Point No.3:- In the result, the complaint is partly allowed directing the opposite party to repair and return the Microwave Oven model 20 FCD which bear the serial No.V 20 DC 03588, and to pay         Rs.2,000/- as a compensation for causing mental agony and also Rs.500/- as a cost of the case.  The time for compliance is two weeks from the date of the receipt of this order.  

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 3^rd day of August, 2011.

        Sd/-                                     Sd/-                               Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil                    For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of warranty certificate dated 30-05-2008.

Ex.A2.       Photo copy of ING Vysya Bank statement of account

No.311010023242 for the period from 01-01-2008 to

30-06-2008.

Ex.A3                Photo copy of Job order No.889 dated 18-04-2009.

Ex.A4                Office copy of legal notice dated 27-04-2010 along

with acknowledgement.

List of exhibits marked for the opposite party:- NILL

         Sd/-                                              Sd/-                               Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :