DOF 13.12.2011
DOO.11.04.2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan: President
Smt.M.D.Jessy: Member
Dated this, the 11th day of April 2012
C.C.No.386/2011
P.C.Preeyesh,
‘Thilakam’,
Kottali,
P.O.Kottali 670 016. Complainant
(Rep. by Adv.P.P.Venu)
1.Vallimony Industries,
Plot No.1,Industrial Area,
Kochuveli, Thiruvananthapram.
2. Malabar Marketing, Opposite parties
Thrikkaripur Road,
Thankalam, P.O.Kothamangalam,
Ernakulam Dist.
O R D E R
Smt.M.D.Jessy, Member
This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite parties to refund `1686 being the cost of the damaged fan together with compensation of `5000
The brief facts of the complainant’s case is as follows: On 3.3.2011 complainant purchased 3 ceiling fan from the sales representative of 2nd opposite party which was manufactured by 1st opposite party by paying `2528. The fan is having 2 year replacement guarantee. But within 3 months itself the fan became not functioning due to manufacturing defect. Even though complainant informed about the defect of the fan to the sales representative of 2nd opposite party and the opposite parties they were not cared to do any repair or replaced the damaged fans. The two fans were completely damaged. Complainant had sustained a loss of `1686 and due to the inaction of the opposite parties the complainant suffered much mental pain and loss and he claims `5000 as compensation for the same.
Even though notice was sent to opposite party they remained absent hence both the opposite parties were set exparte. Thereafter written version of 1st opposite party was received by the Forum through registered post while the case was posted for exparte evidence. The material allegation raised in the said version is against 2nd opposite party.2nd opposite party is the dealer of 1st opposite party. 1st opposite party alleges that there is dispute between them in clearing the product prize by 2nd opposite party. Hence the present complaint is a tactices adopted by 2nd opposite party for harassing and causing damage to 1st opposite party. The complainant or the 2nd opposite party has never informed that the ceiling fan became defective and demanded for the replacement. As per the guarantee agreement the defective fan is to be handed over to the dealer and he should send the same to the 1st opposite party for repair. Here no intimation was received from the complainant or from 2nd posit party regarding the defect of the fan purchased by the complainant.
The main points to be considered are as follows:
1. Whether there is any deficiency of service on the part of opposite
party in replacing or repairing the defective fan to the
complainant ?
2. If so the quantum of damage entitled by the complainant?
3. Relief and cost.
The evidence in this case consists of the oral evidence of complainant and Exts.A1 to A2 (a & b) marked.
Issue Nos. 1 to 3
It is an admitted case that the 1st opposite party is the manufacturer of ceiling fan by name and style ‘Vasosra’, The 2nd opposite party is his dealer. It is the case of the complainant that the Sales representative of 2nd opposite party approached complainant at his residence at Kottali and sold 3 ceiling fan manufactured by 1st opposite party as per Ext.A1 invoice of 2nd opposite party. The complainant paid `2528 towards price of the fan. Complainant alleges that out of the three fan purchased from 2nd opposite party two of them were damaged and not working. Ext.A1 goes to show that complainant purchased 3 fans at a stretch from 2nd opposite party by paying `2528 2nd opposite party is keeping silence. The guarantee card is also issued by 2nd opposite party to the complainant. Apart from the chief affidavit that the fans were not working the nature of defect is not proved. There is no documentary evidence on the part of the complainant to show that he had informed about the defect of the fan to the opposite parties. Complainant also not issued registered notice to the opposite party intimating his grievances and with out giving a chance to opposite party for rectifying the defect, he straight away approached this Forum. If a notice is issued the dispute can be settled with out resorting legal steps. The home delivery of 3 fans to the complainant at Kannur by 2nd opposite party who is conducting a shop at Kothamangalam in Ernakulum district is also unbelievable. Hence we found some merits in the contention raised in the version of 1st opposite party. The silence on the part of 2nd opposite party is also adding weight to the contention of 1st opposite party.
Complainant is demanding for the refund of the value of two damaged fan. Opposite parties are having joint and several liabilities to satisfy the grievance of the complainant. The complainant has to give back the defective fan to 2nd opposite party. The 2nd posit party has to make payment to complainant at first instance and he is entitled get it reimbursed from 1st opposite party. Hence 2nd opposite party is directed to pay `1686 after taking back the damaged fan from the complainant. The 2nd opposite party can get the amount reimbursed from 1st opposite party by this order. From the nature of allegation the complainant is not entitled to get any relief towards compensation.
In the result, complaint is allowed directing the 2nd opposite party to pay `1686 (One thousand six hundred and eighty six only) to the complainant the value of two defective fan by taking back the defective fan with in one month from the date of receipt of the copy of this order, failing which the complainant is entitled to execute the order as per the provisions of consumer protection Act. 2nd opposite party is entitled to get the amount reimbursed from the 1st opposite party.
Sd/- Sd/-
President Member
APPENDIX
Exhibits for the complainant
A1.Cash bill issued by OP
A2. (a) & (b) Guarantee card
Exhibits for the opposite parties: Nil
Witness examined for either side: Nil
/forwarded by order/
Senior Superintendent
Consumer Disputes Redressal Forum, Kannur
