THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.646/2015
Dated this the 1st day of October, 2016
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Rose Jose, President:
This petition is filed under Section 12 of Consumer Protection Act, 1986 for getting an order directing the opposite party to refund 50% of the invoice price and also compensation for his expenses.
The allegation of the petitioner is that, attracted by the advertisements made by the opposite party in various places of the District, that they are giving 50% off in the price of the mobile phones, he had purchased one HTC mobile phone from the opposite party on 12/11/2015 for Rs.12,800/-. The opposite party collected the full amount without allowing any reduction in the price as offered. When demanded the offered reduction, instead of allowing the same opposite party humiliated him before others. When he requested to return the amount after taking back the mobile, it is told that as he had opened the box of the mobile he could not take it back. The petitioner alleged that the non-providing of the offered reduction in the price is unfair trade practice on the part of the opposite party and this caused much mental agony and also financial loss to him. Hence this petition.
On receiving notice from this Forum the opposite party appeared but not filed version and he set ex-parte.
The petitioner filed affidavit and produced the copy of the invoice for Rs.12,800/- and a copy of the advertisement made by the opposite party offering 50% off in the price of mobile phones. These documents are marked as Ext. A1 and A2. Ext. A2 shows that the averments of the petitioner as true and correct. The opposite party has not challenged the averments of the petitioner or veracity of the documents produced by him. Hence the averment of the petitioner stands unchallenged and proved. For the purpose of promoting sale, the offering of any reduction in the price of any goods with the intention of not providing the same is nothing but unfair trade practice. Relying on the evidence adduced by the petitioner, we are also of the view that, the said act of the opposite party is unfair trade practice for which he is liable to compensate the petitioner.
In the result, the following order is passed.
The opposite party is ordered to return Rs.6,400/- (Rupees six thousand four hundred only), 50% of the price of the mobile phone and to pay Rs.2,000/- (Rupees two thousand only) as compensation and Rs.500/- (Rupees five hundred only) as cost of the proceedings to the petitioner within 30 days from the date of receipt of this order. Failing which opposite party is liable to pay 12% interest from the date of this order till realization. He is also ordered not to indulge in such kind of unfair trade practice further.
Dated this the 1st day of October, 2016
Date of filing: 10/12/2015
SD/-MEMBER SD/- PRESIDENT SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Sales 8B/Retail invoice issued by the opposite party
A2. Advertisement made by the opposite party
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
None
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
