BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Date of filing : 13/10/2011
Date of Order : 31/05/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 557/2011
Between
Shafik. V.A., | :: | Complainant |
'Al-Salama', P.O. West Veliyathunad, Aluva – 683 511 |
| (By Adv. Nipun Kesavan, Panthimadathil, Panampukad, Vallarpadom. P.O., Kochi) |
And
1. World Wide, | :: | Opposite Parties |
Sania Centre, Pump Junction, Aluva, Ernakulam – 683 101. 2. Jupitor Electronics Service Centre, Jupitor Towers, Palarivattom, Cochin – 682 025. |
| (Ex-parte) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :
The complainant purchased a bright light torch from the 1st opposite party on 26-05-2011. At the time of purchase, 1st the opposite party offered life time warranty for the torch. During the 2nd recharge, the adapter of the torch was not working. The complainant took the torch and adapter to the 2nd opposite party on 30-07-2011 for its repairs. They replied that the torch and adapter suffer from defects. Subsequently, the complainant approached the 1st opposite party to get the defective adapter replaced. The 1st opposite party demanded a sum of Rs. 350/- to replace the adapter. Thus, the complainant is before us seeking direction against the opposite parties to replace the defective torch and adapter with a new one or to get refund of the price of the gadget together with a compensation of Rs. 20,000/-.
2. In spite of receipt of notice from this Forum, the opposite parties did not respond to the same for their own reasons. Proof affidavit has been filed by the complainant. Exts. A1 to A4 were marked on his side. Heard the counsel for the complainant.
3. The points that arose for consideration are as follows :-
Whether the complainant is entitled to get replacement of the torch with a new one or to get refund of the price?
Whether the opposite parties are liable to pay compensation of Rs. 20,000/- to the complainant?
4. Point Nos. i. and ii. :- Admittedly, the complainant purchased a torch made by Brightlite on 26-05-2011 from the 1st opposite party. On 30-07-2011, the complainant entrusted the torch with the 2nd opposite party for its repairs evidenced by Ext. A2. Exts. A3 and A4 e-mails go to show that the complainant requested the 2nd opposite party to rectify the defects of the torch. But the request of the complainant fell in deaf ears. According to the complainant on 30-07-2011 onwards, the product is with the 2nd opposite party and he could not enjoy the benefits of the same. Though the complainant produced Ext. A1 warranty card, it is incomplete and cannot be relied upon especially, when the period of warranty has not been stated in it. It is also pertinent to note that the complainant has failed to produce the purchase bill in this Forum. However, considering the fact that the complainant purchased the same on 26-05-2011 and the same went out of order on 30-07-2011 and the subsequent failure on the part of the 2nd opposite party to rectify the defects go to show that the torch purchased by the complainant suffers from inherent manufacturing defects. The absence of the opposite parties in spite of receipt of notice from this Forum speaks volumes.
5. However, taking a proper and legitimate view in consideration of the grievance of the consumer, we are inclined to partly allow this complaint in spite of the non-presentation of the relevant documents on the part of the complainant, since the same has not been controverted. The lacunae on the part of the complainant subsists only for the reason that the same has not been challenged by the opposite parties. Compensation is disallowed for the same evident reason which could have been avoided where the complainant was more vigilant.
6. In the result, we partly allow the complaint and direct that the 1st opposite party shall replace the defective torch of the complainant with a new one of the same price and model with fresh warranty, retaining the defective torch with them.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 31st day of May 2012
Forwarded/By Order, Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the warranty registration card |
“ A2 | :: | Copy of the receipt dt. 30-07-2011 |
“ A3 | :: | Copy of the e-mail dt. 24-08-2011 |
“ A4 | :: | Copy of the e-mail dt. 25-08-2011 |
Opposite party's Exhibits :: Nil
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