DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 29^th day of November 2024

CC.287/2023

Complainant

Shiva Rahman. Z.A,

‘Sargam’, Parambil. P.O,

Calicut - 673012

Opposite Parties

1.               Activa Home Appliances,

J-42, DSIIDC Industrial Area,

Sector-2, Bawana,

New Delhi, Delhi - 110039

2.                Vision India

D-195, Sector-2,

Bawana Industrial Area,

Delhi – 110039

3.              Shree Salasar Overseas,

D-194, First Floor, Sector-2,

Industrial Area, Bawana,

New Delhi - 110039

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

On 23/02/2023 the complainant purchased a ceiling fan manufactured by the first opposite party from Amazon Website paying an amount of Rs. 999/-. The item came with a warranty of 24 months. But it stopped working within 4 months from the date of purchase.

3. Then the complainant contacted the company for service or replacement. But contrary to the claim on the Amazon Website, the company had no service centre in Kerala. Therefore on 27/07/2023 as per their direction the complainant sent the fan to the second opposite party service centre in Delhi, for which, he had to pay a courier charge of Rs. 400/-. Even though 9 months have elapsed, there was no positive response. Whenever he contacted them, they would forward some lame excuses for the delay and now they have stopped attending the phone calls.
4. The complainant is totally dissatisfied with the quality of the product as well as the service and therefore he does not need a replacement anymore. He wants refund of the price of the product and the amount paid as courier charges. As a customer, he wants compensation for the hardship faced due to the irresponsible dealings of the company. Hence the complaint.
5.   The opposite parties were set ex-parte.       
6. The points that arise for determination in this complaint are;

1. Whether there was any unfair trade and business practice or deficiency of service on the part of the opposite parties, as alleged?
2. Reliefs and costs.

7. PW1 was examined and Exts A1 to A3 were marked.
8. Heard.
9. Point No. 1: The grievance of the complainant is that the ceiling fan manufactured by the first opposite party, which he purchased through the Amazon Website from the third opposite party seller paying an amount of Rs. 999/- became faulty within 4 months and even though he had sent the fan to the service centre at Delhi (second opposite party) through courier as per the direction of the company, nothing positive has taken place so far and they have even stopped attending his phone calls. The prayer in the complaint is for refund of the price and the courier charges and also compensation to the tune of Rs. 10,000/- for the hardship suffered.
10.  PW1 is none other than the complainant and he has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the tax invoice/ bill of supply/cash memo for Rs. 999/-, Ext A2 is the copy of the courier receipt and Ext A3 is the screenshot of communication with the service provider.
11. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and to contest the matter. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3.  
12. The act of the opposite parties in not  promptly attending the complaint reported and their further neglect to return the product to the complainant after repairs amounts to unfair trade and business practice and deficiency of service. The long delay further proclaims the deficient service. The opposite parties are not responding to the calls of the complainant. The complainant is entitled to get refund of the price of the product. He is entitled to realise Rs. 400/- paid towards courier charges. Undoubtedly, the act of the opposite parties has resulted in mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this regard. The opposite parties are jointly and severally liable. Point found accordingly.
13. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
    1. CC.287/2024 is allowed in part.
    2. The opposite parties are hereby directed to refund the purchase price of ceiling fan amounting to Rs. 999/- (Rupees nine hundred and ninety nine only) to the complainant.
    3. The opposite parties are directed to pay the complainant a sum of Rs. 400/- (Rupees four hundred only) being the courier charges paid by him.
    4. The opposite parties are directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) to the complainant as compensation for the mental agony and inconvenience suffered.
    5. The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 999/- shall carry an interest of 9% per annum from the date of this order till actual payment.
    6. The liability of the opposite parties shall be joint and several.
    7.  No order as to costs.

Dictated to the Confidential Assistant, transcribed by her, correct and pronounced by us in open Commission this, the 29^th day of November, 2024.

Date of Filing: 22/05/2024

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APPENDIX

Exhibits for the Complainant :

Ext.A1 – Tax invoice/ bill of supply/cash memo for Rs. 999/-.

Ext.A2 – Copy of the courier receipt.

Ext.A3 – Screenshot of communication with the service provider.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Shiva Rahman. Z.A (Complainant)

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PRESIDENT                                           MEMBER                                               MEMBER

                                                                          True Copy,      

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Assistant Registrar.