CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.587/2013
Dated this the 30th day of October 2014.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt.Beena Joseph, M.A : Member
ORDER
By G.Yadunadhan, President:
The case of the complainant is that complainant had purchased a Fridge from the second opposite party which is manufactured by the first opposite party on 24.12.2012 for an amount of Rs.13,200/-. After purchase of the Fridge the door was defective, this was timely intimated to the second opposite party. But second opposite party not rectify the defect or intimate the fact to the manufacturer. The act of the opposite parties are deficiency of service and unfair trade practice.
First opposite party after serving notice not entered in appearance . Second opposite party after serving notice entered in appearance. On 28.02.2014 onwards complainant was continuously absent.
Points for consideration
- Whether any deficiency of service on the part of opposite party?
- Whether complainant is entitled to get any compensation from opposite party? If so what is the relief and cost.?
Complainant was continuously absent for the last several postings. On perusal of the complaint, only allegation is the defective door of the Fridge this was intimated to the opposite party No.1. Opposite party No.1 or Opposite party No.2 not cure the defect. There is no document to show that the above defect was timely intimated to the first and second opposite party. Only purchase bill was produced before this Fora. It was stated only in the complaint itself. By showing this complaint Fora can not go against the opposite parties without any documents. Since the complainant continuously absent or not adduced any oral or documentary evidence Fora can not go beyond the complainant. Therefore no merit in this complaint, complaint is liable to be dismissed.
Pronounced in the open court this the 30th day of October 2014.
Date of filing:11.12.2013.
SD/-PRESIDENT SD/-MEMBER
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
