IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of May, 2016
Filed on 26.11.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
C.C.No.345/2015
between
Complainant:- Opposite Party:-
Sri. T. P. Shan Red Back Systems @ Solutions
Shanisha Valiya Chudukadu
Arattuvazhi Ward Thiruvambady Junction P.O.
Alappuzha Alappuzha, represented by its
Proprietor of Classic Coir Proprietor, G. Jossy
Factory, Valavanadu, Alappuzha
(By Adv. Jayan. C. Das)
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant’s case precisely as follows:-
The complainant is running a coir factory. He purchased closed-circuit cameras from the opposite party for the purpose of surveillance and security of his premises. The opposite party set the said cameras on 6th February 2015 in the complainant’s premise. The complainant paid an amount of Rs.65,000/- vide two cheques to the opposite party as its cost as demanded by the opposite party. However, since the institution of the material cameras, the same have been either malfunctioning or nonfunctioning. The complainant on umpteen occasions approached the opposite party and impressed upon him imperfection of his gadgets. The opposite party’s personnel visited the complainant’s premise several times to make unsuccessful attempts to set the devices right. The opposite party though made assurances as to this equipment till date the cameras remain defective and out of order. The opposite party at length adopted an evasive approach and has been so obstinate that the complainant was not even allowed meet him. The opposite party’s service is deficient. The opposite party caused immeasurable mental agony and loss to the complainant. The complainant got aggrieved on this approach this Forum for compensation and relief.
2. Though the notice was served the opposite party was not keen on appearing before this Forum to challenge the complainant’s case. With the result, the opposite party was set ex-parte.
3. The complainant filed proof affidavit and the document Ext.A1 & Ext.A2 marked. As have been already observed, the opposite party neither turned up nor did contend the complainant’s case.
4. Taking into account the complainant’s contention the issues that come up before us for consideration are:-
1) Whether the complainant purchased the material cameras from the opposite party?
2) Whether the gadgets so purchased were unusable?
3) Whether the complainant is entitled to any relief?
5. We meticulously went through the complaint and the materials place on record before us by the complainant. The complainant’s case is that the complainant purchased surveillance cameras from the opposite party, and the same were absolutely defective from the initial phase itself. The complainant so many occasions approached the opposite party to get the gadgets patched up. Though the opposite party sent his staffs up to revamp the equipment the cameras remain damaged forever. Notwithstanding the complainant’s requests and demand thereafter, the opposite party dodged the complainant ruthlessly and even denied him access. On a perusal of the materials available or record before us, we are persuaded to arrive on credence that the complainant’s case must be probable. What is more, as we have already observed, the opposite party neither turned up nor let in any evidence to challenge the complainant’s case. In the context of the complainant’s convincing the case and in the premise of not disputing the same by the opposite party, we are of the strong view that the complainant’s case stands well established and merit acceptance. It goes without saying that the service of the opposite party is deficient. We need hardly say, the complainant is entitled to relief.
In the light of the facts and circumstances discussed herein above the opposite party is directed to refund an amount of Rs.65,000/- (Rupees sixty five thousand only) the cost of the cameras to the complainant with 9% interest from the date of institution of the instant complaint till the recovery of the same to the complainant. The opposite party is further directed to pay an amount of Rs.2000/- (Rupees two thousand only) to the complainant as compensation. The opposite party shall comply with the order of this Forum within 30 days of receipt of this order.
In the result, the complaint is allowed accordingly. No order as to costs.
Pronounced in open Forum on this the 31st day of May, 2016.
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine. D (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of the bill
Ext. A2 - Bank statement
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S/F
Typed by:- pr/-
Compared by:-
