BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)
DATED 31tst DAY OF AUGUST 2023
PRESENT:- SMT.M.SHOBHA BSC., LLB | : | PRESIDENT |
SMT.SUMA ANIL KUMAR BA., LL.B., IWIL-IIMB | : | MEMBER |
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COMPLAINT No.71/2023 | |
| COMPLAINANT | 1 | Mr. Sashank B.V, S/o Mr. Beerappa A, Aged about 33 years, R/at: 65, 1st Main, 6th cross, ISRO Layout, Bangalore-560078. |
| | | (SRI. Suma Hirebidari, Adv) |
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| OPPOSITE PARTY | 1 | Royaloak Incorporation Pvt. Ltd., No.5&6, Bank Officers & officials House Building CO-operative Building (Narayana Nagara), Dodakallasandra Village, Kanakapura Main Road, Uttarahalli Hobli, Bangalore - 560062 |
| | | (Ex-parte) |
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ORDER
SMT. SUMA ANILKUMAR, MEMBER
The complainant has filed this complaint U/S 35 of Consumer Protection Act 2019, seeking direction to OP to the following reliefs:-
- Complainant seeks to get refund of purchase amount of this product of Rs.30,000/- plus Rs.5,000/- for incidental costs associated with logistics involved in getting the resolution for issued faced from the product purchased from OP.
- To direct OP to repair the damaged Audi King Bed with free of cost.
- To direct the OP to refund litigation charges.
- To grant such other consequential relief as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.
2. Brief facts of this case are as follows:-
The complainant Sri. Sashank B.V, has purchased “Audi King Bed” from the OP on 21.03.2022 for an amount of Rs.30,000/- invoice No.S12021000116675. The Audi King bed purchased by the complainant has multiple qualities issues and the side bars on both the sides of the bed started cracking within a couple of months on usage. The bed is unsafe to use. The complainant brought the issue for notice to the OP and logged multiple complaints “RIPL – 22947, RIPL – 25819” with their customer service team. There was no response for close till 3 months from the OP, there was reluctance and delay of 3 months to provide any meaningful resolution. Even after the attempt of repair, the side bar on one side broke immediately after return from the repairs. This was brought to the notice of the OP by written notice dully served on 28.07.2022. The complainant requested for refund as it was within the warranty period of one year, there was no response from the OP regarding replacement or refund. Hence this complainant by the complainant.
3. In response to the notice served to the OP, the OP has not appeared in front of this commission. Hence placed Ex-parte.
4. The complainant has filed his affidavit evidence along with 6 documents which are marked as Ex.P.1 to Ex.P.6. Arguments taken as Nil.
5. On the basis of above pleadings for our consideration are as follows:-
i) Whether the complainant prove the deficiency of service on the part of OP?
ii) Whether complainant is entitled for the relief?
iii) What order?
6. Our answers to the above points are as follows:-
Point No.1:- In the affirmative.
Point No.2:- Partly affirmative.
Point No.3:- As per the final order.
REASONS
7. Point No.1&2:- These points are inter connected to each other and for the sake of convenience, to avoid repetition of facts, this points are taken up together for common discussion.
8. The invoice copy submitted by the complainant shows the purchase for an amount of Rs.45,499/- dated 21.03.2022 and 23.03.2022. The total amount in the invoice do not match the amount of Rs.30,000/- mentioned by the complainant in the complaint. The photos of the bed clearly shows the damage i.e the broken side bars of the bed.
9. As the damage to the bed is occurred within the warranty period of one year from the date of purchase, the liability falls on the OP to either repair or refund for the “Audi King bed” purchased by the complainant. Therefore we answer Point No.1&2 in affirmative.
10. Point No.3:- In view of the discussion referred above, we proceed to pass the following:-
ORDER
i) The complaint is partly allowed.
ii) The OP is directed to either repair or refund the amount of Rs.30,000/- to the complainant within 60 days from the date of order, failing which OP shall comply interest at the rate of 8% per annum on Award amount till realization.
iii) OP is further directed to pay Rs.5,000/- towards litigation cost.
iv) Furnish the copies to both the parties with no cost.
Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 31st day of AUGUST, 2023)
(SUMA ANIL KUMAR) MEMBER | (M.SHOBHA) PRESIDENT |
Documents produced by the Complainant-P.W.1 are as follows:
1. | Ex.P.1 | Copy of bill issued by the OP. |
2. | Ex.P.2a to Ex.P.2d | Photo copy of Audi King Bed. |
3. | Ex.P.3 | Copy of notice issued by complainant to OP. |
4. | Ex.P.4 | Copy of postal receipt. |
5. | Ex.P.5 | Copy of postal acknowledgement. |
6. | Ex.P.6 | Certificate U/S 65B of Evidence Act. |
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Documents produced by the representative of opposite party – R.W.1;
NIL
(SUMA ANIL KUMAR) MEMBER | (M.SHOBHA) PRESIDENT |
