Consumer forum - appeal @ national commission.
Shankar
(Querist) 21 January 2012
This query is : Resolved
A complaint was filed at DF - Consumer Forum on 16/03/2011.
Notice Received on 20/04/2011 by Security.
Case Hearing was on 27/04/2011.
We did not attend the case and the case was decided at first hearing as Ex - partie.
Order copy received on 28th June 2011 and we preferred a appeal at State Forum, Karnataka.
The case was not submitted properly by the Local advocate and our case was dismissed on 9th November.
Have received from our Advocate the Judgement copy on 25th December 2011.
In the meantime, have received Execution petition hearing Notice, which is posted at DF on 13th Feb 2012.
I need urgent Help in taking stay order and to represent my case at National commission, urgently please.
M.S.SHANKAR 9844010530 / shankar@halda.net.in Bangalore.
BRIEF NOTE ABOUT THIS CASE.
1. Babuji Engineering College, Davangere, were in need of Computer chairs and have sent enquiry and asked our quotation.
2. We have submitted our quotation and in the quotation, we have clearly mentioned that ‘Our HALDA Products are guaranteed for a period of ONE year against any defects in manufacturing except for rubber, fabric, glass and plastic components.
3. We have also offered the sample of the chair for their evaluation.
4. After the satisfaction evaluation of the sample chair, and Negotiation the order was placed for supply of 300 Nos. chairs with 2 year Warranty period from the date of supplies.
5. Supplies were completed on 27th April 2009.
6. Payment received on 10th June 2009.
7. 1 No. plastic Base of the chair got broken on 11-09-2009 and this was replaced with New Plastic Base
8. Again on 5-10-2010, have received communication stating 18 Nos. of chair Base are broken and as the chairs are covered under warranty, they asked us to replace all the 300 chairs, which were supplied.
9. Vide our letter dated 8 th October 2010 we have said that, though as per the warranty policy , the plastic parts are not covered for replacement and however, considering the Business relationship, we agreed and despatched 15 Nos. of Plastic Bases for replacement..
10. Again vide customer Letter dated 9th December 2010, they insisted for replacement of all the chairs due to their prediction that it will broke and damage and they mentioned that, they have taken some expert’s opinion and that expert informed that the Plastic bases are made of recycled plastic material and this is manufacturing defect.
11. We replied back on 13th December 2010, stating that chairs are made of various parts and components, and it is not a single component or products. The chairs other parts are ok and good condition, and just because of the prediction for breakage and damage of plastic base based on expert’s opinion, they wanted us to replace all the 300 chairs and we said it is not possible as there is option available to replace the plastic base with metal base on payment basis.
12. Against on 19th January 2011, they intimated about breakage of another 2 chairs
13. Again we have replaced that 2 Nos bases also.
14. The above communication and details shows that, they have been keep asking us to replace the entire chairs in General based on prediction and assumption, and of course, as and when they informed us about the quantity of actual breakage of chair bases, we have been replacing the plastic bases though it is not covred under warranty, with valuing the customer relations in our mind.
15. All the total plastic base failure reported to us from the customer are replaced
11-09-2009 01
08-10-2010 15
19-01-2011 02
We have replaced all the broken chair bases, for which we have received actual intimation of damages, though we need not, as per our warranty policy.
16. The College authorities, are asking for simply replacement of all the chairs when the fact is that, we have been replacing all the broken chairs as and when we received the intimation.
17. The Warranty period of the chairs ceased to end by 27th April 2011 and they have filed this complaint on 16th March 2011
18. District Forum registered the complaint and sent notice for hearing on 27th April 2011, which was received by us on 20th April 2011 by the Security.
19. In the meantime, the undersigned suffered from severe Backache and was advised for bed rest from 20th April 2011 to 7 th May 2011.
20. We have received the DF expartie order on 24th June 2011.
21. Have handed over these papers to Local advocate for appeal in SF and the Local advocate got the certified copies from the DF and filed the Appeal on 9th September 2011.
22. The appeal was dismissed on 9th November 2011 and copy was received on 20th December from the Advocate.
23. In the meantime, have received execution petition hearing from DF. The Hearing is posted for 13th February 2012.
GENERAL:
The Case at DF was ordered ex-partie.
The case at SF was dismissed
1. The report submitted by the expert .
2. Non appearance at DF .
3. No medical records submitted to show the Appealant was bed ridden.
4. No records were produced to show that the Complaint was received by Security.
5. SF relied upon the communication of the complainant, with Appelant, where in the complainant predicted breakage of Bases and our reply stating as per our warranty terms the plastic bases are not covered or eligible for replacement is as “ Vague”. reply.
A. The Expert opinion which is relied up on : Is the Expert competent enough to Inspect and Certify ?
B. Is the Expert is Registered or approved by any Government Agency.
C. Is there any guidelines laid down by any Government Agency or Quality Agency for Inspection of such Plastic Bases.
D. Is the Expert has previous experience in doing such inspection – Chair Baes ?
E. Where the Expert tested the Base ?
I want to fight this case at National commission and I want some good advocate who can present my case and get stay order for the Execution petiion. I Need urgent Help.
M.S.SHANKAR 9844010530 Bangalore.
ajay sethi
(Expert) 21 January 2012
contact Mr Ramchandran from lawyers club . he is in delhi .
your best bet is a remand of case back to district forum . produce your medical records
Sankaranarayanan
(Expert) 21 January 2012
well advised by mr sethi, learned friend mr ramachandran is their
prabhakar singh
(Expert) 21 January 2012
Mr.R. Ramachandran,Advocate, New Delhi. Mob: 9868211477
Raj Kumar Makkad
(Expert) 21 January 2012
You can anyone from this lawyers community or else where. I also use to attend national commission cases/
