Date of filing    :  24-12-2013

                                                                     Date of order   :  21-07-2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                             CC.305/2013

                      Dated this, the   21^st   day of   July   2014

PRESENT:

SMT.P.RAMADEVI                                         : PRESIDENT

SMT.K.G.BEENA                                          : MEMBER

SMT.SHIBA.M.SAMUEL                               : MEMBER

Musthafa.P.M,                                                          : Complainant

S/o.M.Abdul Rahiman Haji(Late),

P.M.Manzil, Paduppu, Shankarampadi.Po,

Chengala.Via, Kasaragod. 671541.

(In Person)

Vishwas Power Links,                                            : Opposite party

Near Annapoorneshwari Builging,

Pumpwell, Mangalore.

(Exparte)

                                                            O R D E R

SMT.K.G.BEENA, MEMBER

            Shorn of all averments, the case of the complainant Sri.Mustaffa P.M. is that he purchased an inverter from opposite party for Rs.13,000/- under the assurance of opposite party that all the electrical items in a house can be function with this inverter.  But after the purchase of inverter, he came to know that only 3 bulbs and one  T.V can be function only for 15 minutes.  After observing one month he complained to opposite party.  As per the direction of opposite party, complainant a handicapped man travelled about 40 KM to shop of opposite party, but the shop was seen closed.  Hence the complaint for necessary redressal.

2.         Notice issued to opposite party, returned as ‘left’.  Complainant filed IA 138/14 seeking direction of court for substituted service of notice.  Opposite party was not responded to the paper publication also. Name of opposite party called absent set exparte. Complainant is examined as PW1.  Ext.A1 marked.  Heard.  Ext.A1 is the bill of inverter issued by opposite party on 15-03-2013.  When the complainant approached opposite party for purchasing inverter, he made an advance of Rs.5000/- while giving advance opposite party assured that they will fit the inverter within 2 days.  But opposite party failed to fit the inverter within 2 days.  So the complainant was constrained to got to the shop at Kasaragod and demanded the advance amount.  But opposite party refused to refund the advance amount and instal  the inverter within two days.  Only 3 bulbs and one TV was functioning with the help of inverter that also is only for 15 minutes.  The promise of opposite party was that the entire equipments in a house can be function with the inverter. After one month the complainant again approached opposite party with the complainant that the inverter helps the bulbs and TV only for 15 minutes.  But opposite party’s shop seen closed and tried to contact opposite party through phone but he was not ready to attend the phone.  The complainant, a handicapped was constrained to got the office of opposite party on several occasions  for the redressal of his grievance.  The act of opposite party caused monitory loss and mental agony to complainant.

3.         The case of the complainant tallies with the evidence he produced.  There is nothing to disbelieve the testimony of the complaint.

            In the result, complaint is allowed and opposite party is directed to refund the cost of inverter i.e. Rs.13,000/- on taking back the inverter from the complainant.  Opposite party is  further directed to pay  Rs.10,000/- as compensation and Rs.5000/- as cost of the proceedings.  Time for compliance is 30 days from the date of receipt of copy of the order.

MEMBER                                                             MEMBER                                             PRESIDENT

Exts.

A1. 15-3-2013 Bill issued by Vishwas Power Links to complainant.

PW1. Musthafa.P.M.

MEMBER                                                             MEMBER                                             PRESIDENT

Pj/