Date of Filing:22.10.2008
Date of Order : 11.03.2009
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 11th DAY OF MARCH 2009
PRESENT

Sri. Bajentri H.M, B.A, LL.B., President
Smt.C.V. Rajamma, B.Sc., LL.B., PGDPR, Member


COMPLAINT NO. 2265 OF 2008

Syed Abdul Hafeez,
B/4 No.933C Hermain Complex
16th Main, Opposite to UdupiGarden,
Bangalore – 560 076.
…. Complainant.
V/s

Lorman Solutions,
No.700, 1st Floor, Peena Dasarahalli,
Jallahalli Cross, Opposite to
Vijaya Bank, Bangalore-57.
…. Opposite Party

-: ORDER:-
The complainant had purchased an electric stove for Rs.4,500/- from Mr.Murali – the Sales man of Opposite Party Company. He paid Rs.500/- as booking amount and paid the balance amount of Rs.4,000/- through cheque dated:12.11.2007 against delivery on 08.11.2007. Neither the invoice nor the warranty card was given. He was informed that after the cheque is realized the invoice and warranty card would be delivered, but the same is not delivered till today. Within about eight days after delivery the stove stopped working. The company engineer inspected the stove and effected repairs, but it took about 22 days. Again on 28.05.2008 suddenly fire came from the stove and stopped working. On 09.06.2008, the company people took the stove for service but failed to return the same till today. Whenever he visited the Opposite Party he was informed that the stove is yet to be repaired. On his 4th visit, he noticed that the company was shifted to the address given in the cause title. Hence, this complaint for replacement of the stove and compensation of Rs.2,000/-.
3.The notice sent to the Opposite Party on two occasions, returned with endorsement “as not claimed”. Therefore the service is held sufficient. The Opposite Party has remained absent. In support of the claim, the complainant has filed his affidavit and has produced the photo copy of his BankPass book. Heard the complaint.
4. The points for consideration:-
1.Whether the complainant has proved deficiency in service on the part of the Opposite Party?
2.Whether the complainant entitled to the relief prayed for in the complaint?
5. Our finding to both points is in the NEGATIVE for the following:-
-:REASONS:-
6. Though in the Bank Pass Book of the complainant an entry dated:21.11.2007 is found regarding payment of Rs.4,000/- to Lorman namely the Opposite Party, that entry by itself is not sufficient to prove that the said payment was made to the Opposite Party towards purchase of the stove. The complainant has not produced any documents to show that he has purchased an electric stove from the Opposite Party and the product was covered with the warranty for any specified period. In the absence of material to show that the complainant had purchased the electric stove, it becomes difficult to believe that without any invoice or warranty card, the complainant proposed to purchase the electric stove from the Salesman of the Opposite Party. Even no document is produced to show that the complainant has handed over the stove to the Opposite Party on 09.06.2008 for effecting repairs as has been contended. In these circumstances, we are unable to uphold the contention of the complainant that the Opposite Party has not returned the stove taken for repairs. As such we hold that the complainant is not entitled to the relief prayed for in the complaint. In the result, we pass the following:-
-:ORDER:-

  • The complaint is DISMISSED. There is no order as to costs.
  • Send a copy of this order to both parties free of costs immediately.
  • Pronounced in the Open Forum on this the 11th DAY OF MARCH 2009.
Sd/- Sd/-
MEMBER PRESIDENT