BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.266/12
Dated this the 27th day of August 2012.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt. Jayasree Kallat, M.A. : Member
Sri. L. Jyothikumar, B.A., LLB. : Member
Shoukathali.T.P.,Orpat Gallery, 14/668 College Hostel Building } Complainant
Po.Kallati, Kozhikode-673003. }
Titan Eye+ 17/67 Near World of Titan, Opp. KSRTC Bus stand }
Mavoor Road, Calicut 673001. } Opposite party
ORDER
By Jayasree Kallt, Member
Complainant has filed this petition alleging negligence and deficiency in service on the part of opposite party. Complainant has purchased a frame for his spectacles from opposite party. While purchase opposite party had assured the quality of the frame. The frame had cost Rs.2100/- but the frame did not last for even one month. It got damaged and opposite party repaired the frame. After 5 months the frame again became defective. According to the complainant he had to take the frame to opposite party for repair 4 to 5 times within 5 months of purchase. Complainant had requested opposite party to replace the frame. But opposite party failed to do so. Hence this petition is filed seeking relief.
Notice was issued to opposite party and Mr.Jithin had appeared on 23/07/12 representing the opposite party. On 23/07/12 opposite party had agreed to settle the matter but was not present for the next posting. Opposite party was called absent and set exparte.
Complainant had filed affidavit and Ext.A1 the receipt was marked on complainant’s side. The defective frame was produced by the complainant which was identified as MO1 and returned back to the complainant.
From the evidence and a perusal of MO1 it could be seen that the frame was damaged. On 23/07/12 complainant had brought the frame before the forum . Representative of opposite party had agreed for a settlement, but did not appear for next postings. From the evidence and exhibits forum is convinced that the frame purchased from opposite party became defective within months of purchase. Hence we are of the opinion that the complainant is entitled for relief.
In the result the petition is allowed and opposite party is directed to refund Rs.2,100/- cost of the frame, along with a cost of Rs.500/- as proceedings of the case within one month of receipt of the copy of the order.
Pronounced in the open court this the 27th day of August 2012.
Date of filing:20.06.2012.
SD/-PRESIDENT SD/- MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1.Cash receipt of Rs.2100/- for the purchase of frames of Titan dtd.05.10.11.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1.Shoukathali.T.P.(Complainant)
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
