BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 118/2021  Filed on 09/03/2021

ORDER DATED: 28/04/2022

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT: 

This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:

1. The case of the complainant in short is that the complainant approached the opposite parties who is running a architechtual Aluminum system with fixing of Mosquito nets, in order to fix  Mosquito mesh in his home.  The 2^nd opposite party undertook the said work and issued an invoice bill dated 20/08/2020 for an amount of Rs.12,154/-.  The 2^nd opposite party also offered one year warranty for the Mosquito mesh.  Accordingly the complainant paid Rs.12,154/- through Google pay.  In pursuant to that payment, the opposite parties send workers to the complainant’s residence for fixing the Mosquito mesh.  According to the complainant the Mosquito mesh fixed by the 2^nd opposite party’s workers was seen damaged and broken.  Immediately the complainant approached the opposite parties with a request to replace the product with a fresh one.  Complainant also send Whats app messages to the opposite parties requesting to replace the Mosquito net.  Inspite of repeated request made by the complainant, the opposite parties failed to turn up for extending any sort of service to the complainant.  The indifferent attitude of the opposite parties to the complainant after collecting Rs.12,154/- for the purpose of fixing Mosquito mesh amounts to deficiency in service and unfair trade practice.  According to the complainant due to the deficiency in service on the part of the opposite parties, he has suffered mental agony and financial loss.  Aggrieved by this, alleging deficiency in service on the part of the opposite parties, the complainant approached this Commission for redressing his grievances.         
2. After admitting the complaint, notice was issued to the opposite parties and the same was received by them.  Though the opposite parties accepted the notice, they failed to appear before this Commission on the date fixed for their appearance.  Hence on 16/03/2022 the opposite parties were called absent and declared ex parte. 
3. Evidence in this case consists of PW1 and Ext.P1 and P2 on the side of the complainant.  The opposite parties being declared ex parte, there is no oral or documentary evidence on the side of the opposite parties.            
4. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice on the

     part of the Opposite Parties?

2. Whether the complainant is entitle to the relief claimed in the complaint?
3. Order as to cost?

5. Heard.  Perused records and affidavit. In order to establish the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 and P2 were produced and marked.  Ext.P1 is the tax invoice for an amount of Rs.12,154/- dated 20/08/2020 issued by the 1^st opposite party in favour of the complainant.  Ext.P2 is the whats app communication issued by the complainant to the opposite parties.  There is no contra evidence from the side of the opposite parties, the evidence adduced by the complainant is unchallenged.  By swearing an affidavit as PW1 and by producing and marking Ext.P1 and P2, we find that the complainant has succeeded in proving his case against the opposite parties.  We further find that there is deficiency in service and unfair trade practice on the part of the opposite parties, by which the complainant has suffered mental agony and financial loss.  Hence the opposite parties are liable to compensate the complainant.  In view of the above discussion, we find that this is a fit case to be allowed.    

                             6. In the result the complaint is partly allowed.  The opposite parties 1 and 2 are jointly and severally directed to refund an amount of Rs.12,154/-(Rupees Twelve Thousand One Hundred and Fifty Four Only) with 6% interest from 20/08/2020 to the complainant.  Apart from that the opposite parties are also directed to pay Rs.5,000/- (Rupees Five Thousand only) to the complainant as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred only) being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest @ 9% p.a from the date of order till the date of realization/remittance. 

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 Court, this the 28^th  day of April,  2022.

R

C.C. No. 118/2020

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:   NIL

                                                                                                                                    Sd/-

                                                                                                                            PRESIDENT 

R