Kerala

Thiruvananthapuram

CC/173/2020

D Prakasan - Complainant(s)

Versus

Abakkas - Opp.Party(s)

29 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

     SRI.P.V.JAYARAJAN    : PRESIDENT

 SMT.PREETHA.G.NAIR : MEMBER

                                    SRI.VIJU.V.R        : MEMBER

 

CC.NO.173/2020 (Filed on : 03/09/2020)

ORDER DATED : 29/08/2022

COMPLAINANT

D.Prakashan,

Rachana, Kandavila,

Channangara, Channangara.P.O

Pin – 695301

 

(Party in person)

VS

OPPOSITE PARTY

Abacus,

Akshaya Centre,

Bypass Junction,

Kazhakkuttom, Thiruvananthapuram – 695582

Reg.No.010052

(Exparte)

ORDER

SRI.VIJU.V.R                 : MEMBER

1.       This complaint is filed under section 35 of Consumer Protection Act 2019. The complainant has alleged that the opposite party has charged Rs.100/-instead of Rs. 20/- while the complainant went to the office of opposite party for registering his details for receiving Covid benefits from Motor Vehicle Employees Welfare Fund. The softcopy of the receipt was not given to the complainant. But they have given only a manual receipt for the amount. The act of the opposite party amounts to unfair trade practice, hence this complaint.

2.       Even though the opposite party received notice, the opposite party did not appear before this commission and opposite party was set exparte.

Issues to be ascertained:

1. Whether there is any unfair trade practice or deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

3.       Issues (i) and (ii)

The complainant had filed proof affidavit and has produced 2 documents which were marked as Exts.A1 & A2. Ext.A1 is the copy of receipt of Abacus Akshaya Centre dated 15/06/2020 & Ext.A2 is the copy of notice showing rates for different services. It can be seen from Ext A1 that the opposite party has received           Rs 100/- from the complainant which is a higher amount than the amount shown in Ext.A2. The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case & there is unfair trade practice from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

      In the result, complaint is allowed.  The opposite party is directed to pay Rs.5000/- as compensation to the complainant for the mental agony suffered by the complainant and Rs.2,500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost will carry an interest  @ 9% per annum from the date of order till realization.

                A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

                 Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 29^th day of August 2022.

 

                                                                                  Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                              Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                                Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.173/2020

List of witness for the complainant

PW1                      - D.Prakashan

List of Exhibits for the complainant

Ext.A1                  - copy of receipt of Abacus Akshaya Centre dated 15/06/2020

Ext.A2                  - copy of notice showing rates for different services.

List of witness for the opposite party          – NIL

Exhibits for the opposite party                    - NIL

Court Exhibits                                            - NIL

 

 

                                                                                                    Sd/-

                                                                                                PRESIDENT