DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 31st day of August 2009.
Present : Smt. H. Seena, President
: Smt. Preetha.G. Nair (Member) : Smt. Bhanumathi.A.K. (Member) C.C.No.66/2009
Suresh Kollaikal Wireless Monitoring Organisation Western Region, Ministry of Communications & IT Gorai Road, Borivali West Mumbai – 400 091 (OFFICE ADDRESS)
Suresh Kollaikal Sowrabham Prasanthi Nagar New Saibaba Colony Kallekulengara (P.O) Palakkad – 678 009 ( Party in person ) - Complainant
V/s Vipin Vincent POWERON Galaxy Edifice, Oth Palli Road Vazhakkala Cochin – 682 037. - Opposite Parties
O R D E R By Smt. H. Seena, President 1. The Complainant booked an induction cooker of poweron company from a home exhibition giving Rs.100/- as advance on 14/02/2008. Balance amount of Rs.3850/- was paid at the time of delivery of the same at the complainant's house on 16/02/2008. The company's representative demonstrated the induction cooker operation and briefed about the terms and conditions. The warranty as per the document was 'one year replacement and 4 years free service'. On 06/07/2008, the said induction cooker became faulty. Complainant approached the service centre of the company at Palakkad. But there was no sign of such a service centre. Complainant contacted the opposite party and as per his instruction the induction cooker was sent to the company at Ernakulam by courier on - 2 - 11/07/2008. Opposite party after checking informed the complainant that one component is faulty and sought time for repair. Complainant contacted the opposite party many times. Finally the opposite party asked the complainant to produce the warranty card. The same was sent by post on 23/09/2008 and was received by opposite party on 27/09/2008. So far complainant has not repaired the induction cooker. The act of the opposite party amounts to deficiency in service. Complainant claims Rs.3950/- being the price of the induction cooker and Rs.20,000/- as compensation and cost of the proceedings.
2. Even though notice was served Opposite party never appeared before the forum. Hence was set ex-parte. 3. The evidence adduced on the part of the complainant consists of the affidavits and Exhibits A1 to A8. 4. Now the issues for consideration are: 1. Whether there is any deficiency in service on the part of Opposite party? 2. If so, what is the reliefs and cost?
5. Issues 1 & 2 Heard the complainant and gone through the evidence on record. Exhibit A2 evidences the fact that the complainant purchased the induction cooker from the opposite party. In Exhibit A3, it is clearly stated that the one year replacement and four year free service will be provided. Complainant purchased the induction cooker on 16/02/2008. It became defective on 06/07/2008, ie, within the period of warranty. The fact was duly informed to the opposite party. Complainant has sent the defective induction cooker and warranty card to the opposite party which is proved by Exhibit A4 to Exhibit A8. Opposite party is duty bound to replace the defective induction cooker as it was damaged within the period of warranty.
In view of the above discussions we are of the view that the act of the opposite party amounts to clear deficiency in service.
In the result, complaint allowed. Opposite party is directed to pay an amount - 3 - of Rs.3950/- being the cost of the induction cooker together with Rs.3,000/- as compensation and Rs.1,000/- as cost of the proceedings. Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry interest at the rate of 9% per annum from the date of order till realization.
Pronounced in the open court on the 31st day of August 2009 PRESIDENT (SD) MEMBER (SD) MEMBER (SD) APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Brochure of Induction Cooker Ext. A2 - Invoice nO.610 of Poweron dated 16/02/2008 Ext. A3 - Product waranty card
4. Ext. A4 - Courier bill of Trackon Couriers Pvt Ltd 5. Ext. A5 – Courier bill copy of Trackon Couriers Pvt Ltd 6. Ext. A6 – Registered receipt of Post office 7. Ext. A7 - Copy of letter send to the Postmaster, Borivali West Post Office dated 19/11/2008 8. Ext. A8 - Complaint settled reply of Department of Posts dated 29/01/2009. Exhibits marked on the side of the Opposite Party Nil
Forums Exhibits Nil Cost (allowed) Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings) Forwarded/By Order
Senior Superintendent Date of fair copy :09/09/2009 Date of despatch :
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
