By Smt. Beena. M, Member:
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as follows:- The case of the Complainant is that he is a LIC agent and he placed an order for purchasing a Drone through online from the Opposite Party on 20-07-2021 and paid a sum of Rs.4,999/- for the same. The Complainant received the product on 26/07/2021. After receiving the said product it was noticed by the Complainant that the same was not working properly and he returned the product to the Opposite Party, through the authorized agent on 29-07-2021. But the Opposite Party not refunded the amount even the Complainant attempted to get in touch with the opposite party. The act of the Opposite Party is unfair trade practice and deficiency in service. The Opposite Party is liable to refund the amount and to pay compensation for the loss and damages sustained to him. The Complainant sent a legal notice to the Opposite Party on 14-02-2022 which was received by the Opposite Party on 17-02-2022. However, the Opposite Party neither refunded the amount nor replied. Hence the Complainant prayed to direct the Opposite Party to refund of Rs.4,999/- with 10% interest from 20-07-2021 and Rs.20,000/- as compensation and cost of the Complaint.
3. After the admission of the Complaint, the Commission issued summons to the Opposite Party. However, the Opposite Party did not appear and the Commission set them ex-parte.
4. On perusal of the Complaint and documents then we raised the following points for consideration:-
1. Whether there is any unfair trade practice / deficiency in service from the
part of Opposite Party?
2. Whether the Complainant is entitled to get any relieves as prayed for?
5. Point No. 1 and 2 :- For the sake of convenience and brevity all points are
considered together.
6. The Complainant had adduced oral evidence. He was examined as PW1 and the documents produced were marked as Ext A1 to A4. On the perusal of the above documents, the genuineness of the Complaint is revealed. Ext. A1 is the invoice, which shows that the Complainant had purchased the product on payment of Rs.4,999/-. The Opposite Party did not challenge the Complaint and testimony of the Complainant. The Complainant proved his case undoubtedly. The Commission found that there is deficiency in service and unfair trade practice on the part of the Opposite Party and the Complainant sustained difficulties. Hence the Complainant deserves compensation also. The Opposite Party is liable to refund the amount and pay compensation and cost of the proceeding.
In the result, the Complaint is allowed and
- The Opposite Party is directed to pay Rs. 4,999/- (Rupees Four thousand Nine hundred and Ninety Nine only) to the Complainant with 8% interest.
- The Opposite Party is directed to pay Rs.10,000/- (Rupees Ten Thousand only) towards compensation.
- The Opposite Party is directed to pay Rs. 5,000/- (Rupees Five Thousand only) as cost.
The above order may complied within 30 days from the date of receipt of this order. Failing which the Complainant is entitled to get 8% interest per annum for the
above amount from the date of this order till the realization of the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 30th day of September 2022.
Date of filing:- 03.06.2022.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the complainant:
PW1. S. V. Thampi. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Invoice. dt:20.07.2021.
A2. Copy of Return Memo. dt:29.07.2021.
A3. Copy of Lawyer Notice. dt:14.02.2022.
A4. Acknowledgement.
Exhibits for the Opposite Party:
Nil.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR,
CDRC, WAYANAD.
