CONSUMER DISPUTES REDRESSAL FORUM

PALAKKAD, KERALA

Dated this the 16^th day of August, 2012.

Present: Smt. Seena. H, President

: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi. A.K, Member Date of filing: 29/06/2012

CC /112/2012

T.A.Sasidharan,

S/o.P.G.Nair, Rtd.Tahsildar, - Complainant

Adhiyarath House, Puthur,

Palakkad- 678 001

(Party in person)

Vs

Authorized Signatory,

Next Retail India Ltd, Surya City Building, - Opposite party

G.B.Road, Palakkad- 678 001

O R D E R

BY SMT. BHANUMATHI. A.K, MEMBER

The complaint in brief:

The complainant has purchased a LCD-SAM-26 Model TV on 29/02/2012 from the opposite party. At the time of purchasing the opposite party said that as it is the last day of the month, you will get some compliments including iron box. After making the payment the opposite party informed that there is no stock of the same and it will be delivered at home within a week. After one week the complainant approached the opposite party to get the compliment but he was informed that the same will be reached in the shop only on 30^th March. The complainant received a phone call from the opposite party on 2^nd April informing that the complementary items will be delivered at home through courier. But it was a false information. Even though the complainant has paid full amount they have not given the complementary items till the date. In the cash receipt it is written by the opposite party is that “iron box ....not received”.

The above said act of opposite party amounts to deficiency of service and the complainant is seeking an order directing the opposite party to pay an amount of Rs.10,000/- as compensation for mental agony.

Opposite party not appeared before the Forum even though notice served. Hence remained exparte.

Complainant filed affidavit and Ext.A1 series marked.

Heard the complainant.

The issues to be considered are

I. Whether there is any deficiency of service on the part of opposite party?

II. If so, what is the relief and cost?

Issues No.I & II

The complainant is a retired Tahsildar aged 60, who purchased a LCD-SAM-26 Model TV from the opposite party for an amount of Rs.21,800/- on 29/02/2012. At the time of purchasing the opposite party offered an iron box and other things as complement. But after making the payment the complainant was informed that there is no stock of the said commodities and it will be delivered at the home within a week. As it is not received the compliment approached the opposite party to get the same. But the complainant was informed that the said items will be reached only on 30^th March. On 2^nd April the complainant received a phone call informing that the compliments will be reached at the home through courier. That was a false information. The complainant got the false information several times. Ext.A1 series is the cash bill for the amount of Rs.21,800/-. In this document it is written as “Iron box... not received”. Complainant says that this statement is written by the opposite party. As per Section 2(1) clause 3 of the Consumer Protection Act, whoever permits the offering of gifts, prizes or other items with the intention of not providing them commits an act of unfair trade practice. Except A1 series document there is no evidence to show that there was such an offer during the period in which the complainant has purchased the TV. As opposite party remains exparte, the contentions of the complainant stand unchallenged.

From the above discussions we are of the view that opposite party has committed unfair trade practice.

In the result complaint allowed. Opposite party is directed to pay an amount of Rs.1,000/- (Rupees One thousand only) as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant.

Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest per annum from the date of order till realization.

Pronounced in the open court on this the 16^th day of August, 2012.

Sd/-

Smt. Seena. H

President

Sd/-

Smt. Preetha.G.Nair

Member

Sd/-

Smt. Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext. A1series– Next Retail India Ltd Cash bill for the amount of Rs.21,800/-(Original)

Exhibits marked on the side of opposite party

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost allowed

Rs.1000/- (Rupees One thousand only) allowed as cost of the proceedings.

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