SRI. SAJEESH.K.P     : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OP to refund  Rs.11,330/-  towards detergent  and Rs.10,000/- as compensation towards deficiency in service from the part of OP.

Complaint in brief :-

   On 18^th and 19^th October 2021, complainant paid Rs.5000/- and Rs.4330/- through UPI Google pay and Rs.2000/- through paytm to buy detergent products for domestic purpose on the basis of previous satisfied dealings with OP.  The complainant had not received any products even though the repeated demands and his visit at OP’s place and not received any amount refunded.  Hence this complaint.

         After filing this complaint, Notice  was issued to OP and it was duly served.  The OP  has not  appeared before the commission and not filed any version.  Hence the commission   held that  the OP has no version  as such in this case  came to be  proceed against the OP as set exparte.

         Even though, the opposite party has  remained ex-parte, it is for the complainant to establish the allegation made by him against the  OP.  Hence the  complainant was  called upon to produce evidence in the form of proof  affidavit and documents.  Accordingly the  complainant  has chosen to produce his affidavit along with  documents  marking as Exts.A1 to A5.  Ext.A1 is the  print out of Google pay transaction ID129111231069 for Rs.5000/- dtd.18/10/2022.  Ext.A2  is the print out of Google pay transaction ID129210204062 for Rs.4330/- dtd.19/10/2022. Ext.A3  is the print out of paytm transaction ID20211018142507061 for Rs.1000/-+Rs.1000/-. Ext.A4 is the  receipt of complaint issued by Mayyil police station dtd 6/8/2022 and Ext.A5 is the  letter dtd.2/8/2022.  So the OP remain absent in this case.  At the end the commission heard the case on merit.

   Let us have a clear glance at the relevant documents of the complainant. The complainant was examined as PW1  . On the perusal of  documents produced by complainant since OP remained exparte and hence there is no document produced by OP to peruse, it  clearly evident from  Exts.A1 to A3 that Rs.5000/-, Rs.4330/- and  Rs.2000/- as respectively transferred to  the account number of OP as stated in the complaint.  As per Exts.A4&A5 complainant took all possible steps to get back his money  refunded.  From this available evidences before the commission, the deficiency in service is proved and hence OP is eligible to get compensated.  So the OP is liable to pay the amount of Rs.11330/- which was remitted by complainant to buy detergents.  It will meet the ends of justice.  Hence the complaint is  allowed in part.  Accordingly we proceed to pass the following.

           In the result complaint is allowed in part.  The opposite party is directed to pay Rs.11330/- which was  collected by opposite party from  complainant for detergents and also pay Rs.3000/- as compensation and Rs.1000/- as cost  of litigation to the complainant  within 30 days of receipt of this order.  Failing which complainant is at liberty to file execution application against  opposite party as per the provisions of Consumer Protection Act 2019.

Exts:

A1&A2- print out of google pay dt.18/10/2022 and 19/10/2022

A3- print out of paytm

A4- Receipt of complaint by Mayyil police station dt.6/8/22

A5-letter dt.2/8/22

PW1-Muhammed Safeeque.C.H- complainant

Sd/                                                                       Sd/                                                                 Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR