BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 18/02/2014
Date of Order : 27/03/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 97/2014
Between
Sebastian. P.G., | :: | Complainant |
S/o. George, Panassery House, Kalavath Cross Road, Palarivattom. P.O., Kochi – 25. | | (Party-in-person) |
And
1. Titan Watch Care Centre, | :: | Opposite Parties |
Alappatt Watches, Rep. by its Manager, G1,G2,G3, Poineer Towers, Marine Drive, Ernakulam, Kochi – 31. 2. Titan Industries Limited, Rep. by its Managing Director, Tower-A, Golden Enclave, Airport Road, Bangalore – 560 017. | | (Op.pty 1 party-in-person) (Op.pty 2 absent) |
O R D E R
Sheen Jose, Member.
1. Complainant present. Opposite party 1 represented. Opposite party 2 called absent. No oral evidence for the complainant. Exts. A1 to A4 marked. Heard the complainant who appeared in person and the authorised representative of the 1st opposite party. According to the complainant, he had to approach the 1st opposite party to get the defect of the watch rectified within the warranty period. It is also stated that though the 1st opposite party rectified the defect, the same persisted and again he had to entrust the same with the 1st opposite party on 26-07-2013. The 1st opposite party submitted that the spare parts of the watch is not available to rectify the defect of the watch.
2. Since the watch is in possession of the 1st opposite party since 27-07-2013, the complainant is deprived of using the same for the last 8 months. It is to be noted that the complainant had approached the 1st opposite party on 3 occasions to get the watch repaired. It is to be noted further that the opposite parties failed to respond to Ext. A3 lawyer notice and also failed to repair the watch, since spare parts are not available.
3. In the above circumstances, we are of the view that the watch suffers from inherent manufacturing defect and the complainant is entitled to get replacement of the watch with a new one or to get refund of its price.
4. In the result, we allow the complaint and direct that the 2nd opposite party shall replace the defective watch of the complainant with a new one with fresh warranty according to the choice of the complainant. The difference in price shall be met by either. The order shall be complied with within 30 days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 27th day of March 2014.
Forwarded/By Order, Sd/- Sheen Jose, Member.
Sd/- A. Rajesh, President.
Sd/- V.K. Beena Kumari, Member.
Senior Superintendent.
