DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB: PRESIDENT
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday the 24th day of March 2023
CC No. 78/2020
Complainant
Shareef E,
Valliyammal (House),
Vennakode,
Malayamma (P.O),
Kozhikode-673 601.
Opposite Party
Arihant IT Shoppe,
5/3 239 B, Ground Floor,
Begum Complex, UKS Road,
Kozhikode -673 001.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
- The case of the complaint, in brief, is as follows:
On 14-12-2019 the complainant purchased two HDMI faceplate and gang box from the shop of the opposite party paying Rs.750/- for the purpose of fixing the projector. But while fixing the projector, it was realised that the same were not suitable. Hence he approached the opposite party and demanded suitable items after taking back the items sold to him.But the opposite party was not ready to do so. Hence the complaint claiming compensation of Rs.5,000/-.
3. The opposite party entered appearance and filed written version wherein the purchase of 2 items of the goods by the complainant is admitted. According to the opposite party, the complainant asked for HDMI faceplate and gang box without mentioning its usage. It was informed to the complainant that there was no warranty and that if once sold, the items would not be taken back. The complainant never approached the shop and returned the items as alleged. The opposite party came to know about it only when the matter came up before this Commission. There is chance of physical damage to the device due to plugging/unplugging several times. The opposite party is not liable to pay any compensation to the complainant or to refund the value of the goods. It is, therefore, prayed to dismiss the complaint.
4. The points that arise for determination in this complaint are :
1. Whether there was any deficiency of service or unfair trade
practice on the part of the opposite party, as alleged?
2. Reliefs and costs.
5. Evidence consists of the oral evidence of PW1 and Ext A1 on the side of the complainant. The opposite party chose to remain absent at the time of evidence.
6. Heard the complainant.
7. Point No.1 – The complainant got himself examined as PW1, who has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the GST invoice dated 14-12-2019 for purchase of HDMI faceplate and gang box.
8. PW1 was not cross examined and his evidence stands unchallenged. The opposite party though filed written version denying the allegations and claims in the complaint, chose to remain absent at the time of evidence. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the document produced and marked on the side of the complainant. No contra evidence is there. The case of the complainant stands proved through the testimony of PW1 and Ext A1. Deficiency of service and unfair trade practice on the part of the opposite party is established and proved. The opposite party is bound to replace the items of goods with suitable one or to return the price of the items to the complainant.
9. Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
a).CC 78/2020 is allowed in part.
b). The opposite party is hereby directed to replace the items of goods sold to the complainant as per Ext A1 with suitable one or to refund the price of Rs.750/- (Rupees Seven Hundred and Fifty only) to the complainant after taking back the items. In case of replacement as stated above, the complainant shall pay the difference in the price, if any, to the opposite party.
c). The order shall be complied with within 30 days of the receipt of copy of this order.
d). No order as to costs.
Pronounced in open Commission on this the 24thday of March 2023.
Date of Filing: 28-02-2020.
Sd/-
PRESIDENT
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Ext A1 is the GST invoice dated 14-12-2019 for purchase of HDMI faceplate and gang box.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Shareef. E
Witnesses for the opposite parties
Nil.
Sd/-
PRESIDENT
Sd/-
MEMBER
Forwarded/ By Order
Sd/-
Assistant Registrar
