DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 24^th day of February 2020

Present   : Sri.V.P.Anantha Narayanan, Member (President I/c)

               : Smt.Vidya.A, Member                                                       Date of Filing: 25/05/2019

CC No.167/2019

Ibrahimkutty.S.S

S/o S.E.Syed Muhammed,

13/526 (C), Sambikkal House,                                                            -           Complainant

Kizhakkekalam, Edathara,

Palakkad.        

(By party in person only)                                           

V/s

The Proprietor,

G Electrical Bazar,

Market Road,                                                                          -           Opposite party

Palakkad  - 678 014.

O R D E R

By Smt.Vidya.A, Member

Brief facts of the complaint are:

            The complainant purchased a “Orienta” ceiling fan on 07/12/2018 from the opposite party’s shop for Rs.1,450/-.  A warranty card for one year was also given along with the fan.  The fan stopped working on 16/03/2019.  The complainant took the defective fan to the opposite party’s shop.  The opposite party after taking back the fan, cash bill and warranty card asked the complainant to come back after four days. 

            When the complainant approached the opposite party after one week, he behaved very rudely and told him that he cannot repair the fan as the defect occurred solely due to the wiring problem in the complainant’s house.  All other fans in the complainant’s house are working properly.  This fan stopped working only because of its defect.  So there is clear deficiency of service on the part of the opposite party in not repairing the defective fan or replacing it with a new one.  The acts of the opposite party caused financial loss and mental agony to the complainant.  Hence this complaint is filed for directing the opposite party to replace the defective fan with a new one and to pay an amount of Rs.10,000/- as compensation for the inconvenience and mental agony suffered by him. 

Complaint admitted and notice issued to the opposite party.  Even after accepting the notice, he did not appear before the Forum.  So his name called, absent and set ex-parte.

            From the side of the complainant chief affidavit filed and Ext.A1 & A2 marked. 

            The main issues raised in this case for consideration are.

1. Whether there is any deficiency of service on the part of the opposite party?
2. If so what is the relief as to cost/compensation?

Issues 1 & 2

            Heard.

            We perused the chief affidavit and documents produced by the complainant.  Ext.A1, the invoice from the opposite party’s shop shows that the complainant had purchased a ceiling fan ORIENTA – DECOR for Rs.1,450/- on 07/12/2018 from the opposite party’s shop.  Ext.A2 is the warranty card for one year issued on the same date.  According to the complainant, the fan stopped working after four months and he approached the opposite party for repairing it.  But the opposite party did not care to do anything saying that the defect occurred due to the wiring problem in the complainant’s house. 

            The fan stopped working within a period of four months which means it became defective during the warranty period and the opposite party is bound to rectify the defect or replace it with a new one.  But here the opposite party did not care to do anything.  So there is a clear deficiency of service on the part of the opposite party in not repairing the defective fan or replacing it with a new one. 

            These acts of the opposite party had caused financial loss and inconvenience to the complainant and as a result, he suffered mental agony. 

            As the opposite party remained ex-parte, the evidence adduced by the complainant stands unchallenged. 

            In the result, complaint allowed.  We direct the opposite party to replace the defective fan with a new one of the same price and description and to pay an amount of Rs.2,000/- (Rupees Two thousand only) as compensation for the mental agony and inconvenience suffered by the complainant.  Once the order is executed, the complainant is directed to return the defective fan to the opposite party. 

Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.  

Pronounced in the open court on this the 24^th day of February 2020.

                 Sd/-                                                                                V.P.Anantha Narayanan        

                   Member (President I/c)

                                                                                         Sd/-

                                                                                                  Vidya.A

                            Member

Appendix

Exhibits marked on the side of complainant

Ext.A1  - Original Tax invoice No.C-3697 dated.07/12/2018 issued by G-Electrical Bazar,

              Palakkad to the complainant

Ext.A2  - Original warranty card dated.07/12/2018 issued by G-Electrical Bazar,

              Palakkad to the complainant

Exhibits marked on the side of Opposite parties

 NIL

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite parties

NIL

Cost :   Nil