Smt. ShajithaBeevi.N(Member):

          The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.

2. The complainant case in brief as follows:-Complainant has purchased a water heater bearing SL No. SN 34061022 EUROLEX brand on 20/08/2015 through CSD(EC) Canteen Pathanamthitta.  The product was guaranteed for 5 years against manufacturing defect.  But the heater became defective on 17/12/2017.  The storage tank was found leaking.  The complaint was reported to the 1^st opposite party on the same date.  Then 1^st opposite party promised that they will attend the case free of charge the unit failed during the guarantee period.  Irrespective of my repeated reminders unit this date of this complaint is not attended and the water heater brought for Rs.5186/-.  Hence this complaint.

3. Notice were issued to the opposite parties.  But opposite parties has not turned before the Forum or filed any version.  Hence opposite party is set ex-parte.  Considering the contention of the complainant this Forum has raised the following issues.

(1). Whether there is any deficiency in service on the side of the opposite

parties?

(2). Whether the complainant is entitled to get any relief from the opposite

parties?

(3). Compensation and cost? 

5. In order to prove the case of the complainant the complainant filed proof affidavit and marked as Exhibit A1 and A2.  Ext. A1 is the bill date:20/08/2015 issued by the 2^nd opposite party. Ext. A2 is the warranty card.  After the closure of evidence we heard the complainant. 

6.Point No.1&2:-The Forum has examined the complaint in detail and perused the document produced by the complainant before the Forum.  It is stated that even though the complainant has put forwarded the allegations against the 1st & 2^ndopposite parties, they have not appeared before the Forum or filed any version.  The 2^nd opposite party has informed the complainant that, he will attend the case free of charge.  But the 2^nd opposite party has not cared to rectify the defects of the set.  The action on the part of the 2^nd opposite party is highly irregular and it will come under the purview of unfair trade practice.  In this case both opposite parties are liable to rectify the defects of the set.  The absence of opposite parties shows their negligence to rectify the defects of the set,since the set is defective during the warranty period.

7.  On the perusal of the entire facts and circumstance this matter.  We are of the view that both the opposite parties are pay compensation and court cost to the complainant. 

                   8. The issues are found in favour of the complainant.  Hence for the ends of justice we are allowing the complaint.

                   9. In the result we are directing the opposite parties to pay the entire amount of Rs. 5186/-(Rupees Five Thousand one Hundred and Eighty Six only) to the complainant after taking the defective set from the complainant.  If the manufacture will default payment the 2^nd opposite party shall pay the amount to the complainant along with compensation of amount of Rs. 2,000/- (Rupees Two Thousand only) and court cost of the Rs. 500(Rupees Five Hundred only) to the complainant.  The above said amount are awarded to the complainant for his mental agony, inconvenience, hardship, due to the willful negligence, unfair trade practice of the opposite parties.  We further direct the 2^nd opposite party shall comply the order within one month from the date of receipt of this order.  After payment by the 2^nd opposite parties to the complainant the 2^nd opposite parties shall recover the said amount from the 1^st opposite party manufacturer.  Complaint allowed.

         Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 29^thday of November, 2019. (    

                                                                                          (Sd/-)

Smt. ShajithaBeevi.N

 (Member I)   

Sri.George Baby (President):  (Sd/-)

Sri.NishadThankappan (Member II)  :(Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1:Sunil George

Exhibits marked on the side of the complainant:

A1 : Bill date:20/08/2015 issued by the 2^nd opposite party.

A2 : Warranty card. 

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties: Nil.

Copy to:-(1) Sunil George,

          Padippuraveedu, Kadampanad South PO – 691553                          

               (2)The Managing Director,

UshaSriram Enterprises,

Block DDA Commercial Complex, Ring Road, Naraina,

New Delhi – 110028.

3. The Manager,

Station Canteen (EC), Pathanamthitta.

4. The Stock File.