ADV. RAVI SUSHA, MEMBER.
Complainant purchased an Inverter from opp.party’s shop for worth Rs.14,500/- on 9.4.2012. Within one week the inverter became defective. The complainant informed the said defect to the opp.party. On 30..4..2012 the opp.party had taken the inverter from the complainant’s house. But it was not repaired and given back till today. The complainant demanded the defect free inverter in many times but all are invane. There is deficiency in service on the part of the opp.party. Hence filed this complaint for getting relief.
Points that would arise for consideration are:
1. Whether there is any deficiency in service on the part of the opp.party
2. Reliefs and cost?
THE POINTS:
In this case notice was issued to the opp.party. The said notice was returned as unclaimed . Hence the opp.party was declared as exparte . Complainant filed affidavit and produced 5 documents . The documents were marked as Ext. P1 to P5. The matter was heard. Since the opp.party is exparte, we are constrained to believe the case of the complainant. Through the complaint, affidavit and Exts. P1 to P5, the complainant has proved his case. There is deficiency in service on the part of the opp.party. Hence the complainant is entitled to get relief.
In the result, the complaint is allowed in part. Opp.party is directed to return Rs.14,500/- [the value of inventor] with 9% interest from 9.4.2012 till the date of payment to the complainant. Opp.party is also directed to pay Rs.2500/- as cost and compensation. The order is to be complied with within one month from the date of receipt of the order. Failing which the amount of Rs.14,500/- will carry interest at the rate of 12% from 9.4.2012 till payment.
Dated this the 28th day of September, 2012.
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I N D E X
List of witnesses for the complainant : NIL
List of documents for the complainant
P1. – Visiting card
P2. – Warranty card
P3. – Bill for Rs.14,500/-
P4. – Specification
P5. – Copy of Registered notice to the opp.party