IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Thursday the 08thday of June, 2023.
Filed on 27.04.2023
Present
1. Smt.P.R Sholy, B.A.L, LLB (President-in-charge )
2. Smt.C.K.Lekhamma, B.A, LLB (Member)
CC/No.108/2023
between
Complainant:- Opposite party:-
Sri.C.B.Chandrababu Authorised Signatory
Chempakaparambil M/s Lenskart Solutions Pvt.Ltd.
Aroor P O, Alappuzha-688534 24/118A, Vadacanal Road
(Party in person) YMCA Junction, Alappuzha-688001
(Exparte)
O R D E R
SMT. SHOLY.P.R(MEMBER)
This is a consumer complaint filed under Sec.35 of Consumer Protection Act,2019.
On 10.05.2022 while complainant ordered a spectacle from M/s Lenskart Solutions Pvt.Ltd, Alappuzha (OP); they made believe that there was a special scheme of two spectacles for the value of single spectacles and thereby they had given 2 spectacles receiving Rs.13,440/- from the complainant. Among that the rimless specs, when it was used by the complainant, one of the temples of the same was broken and it became unable to use. Thereafter the complainant approached the opposite party for replacing it since it was under warranty. Duty staff of the opposite party received the damaged specs for replacing the specs. When the complainant reached the showroom as called from there, it was informed that the complainant shall be remitted approximately an amount of Rs.4000/- for replacing the said specs. It is unfair practice committed by the opposite party as given a substandard product and also committed deficiency in service by deviating from the offer of replacement of the defective specs under warranty. Hence this complaint for replacing the damaged specs with a new one or to refund its purchase cost of Rs.6720/- from the opposite party.
Copy of complaint along with notice was sent to the opposite party through registered with AD card to appear on 18.05.2023. The AD card signed by the opposite party returned from which it is revealed that the notice along with copy of complaint was accepted on 09.05.2023. However, though complaint along with copy of notice was accepted on 09.05.2023, on 18.05.2023 when the case was called there was no appearance for the opposite party. Hence the complaint proceeds with exparte.
Complainant filed chief affidavit in tune with the complaint along with Exts.A1, A2 and A3 series and MO1.
Points for determination are:-
- Whether there is any unfair trade practice or deficiency in service from the part of opposite party as alleged?
- Whether the complainant is entitled to get the relief as claimed in the complaint?
- Reliefs and cost?
Point No.1 and 2
Complainant filed an affidavit in tune with the complaint and marked Ext.A1 Tax invoice of Half Rim Rectangle Eyeglasses dated 12.05.2022, Ext.A2 tax invoice of Rimless Rectangle Eyeglasses dated 13.05.2022, Ext.A3 series copy of digital messages sent by opposite party on 03.03.2023 and 05.03.2023 and MO1 disputed rimless eyeglasses.
Exts.A1 and A2 are reveals that the complainant had purchased 2 set of eyeglasses from opposite party for a total amount of Rs.14,547/- (including taxes) Ext.A3 is the copy of digital messages sent by opposite party which reveals that on 03.03.2023 the opposite party had initiated the claim proceedings with regard to the eyeglasses of the complainant and subsequently on 05.03.2023 the opposite party sent message for choosing a new product for exchange of the damaged one. However the complainant averred that the opposite party demanded Rs.4000/- for the exchange. The complainant contented that it was not amenable to the complainant since the opposite party assured warranty of one year at the time of purchasing the said glasses.
The case advanced by the complainant is that at the time of purchasing the eyeglasses the opposite party offered a scheme in which they had given two set of eyeglasses for the cost of one set of eye glasses for which the opposite party issued two invoices. According to the complainant, the opposite party also made assurance that the said glasses also having warranty of one year from the date of purchase. Before attaining the expiry of the said warranty period the temple of rimless eyeglasses shown in Ext.A2 was broken on its lens portion and became useless. The complaint registered on 03.03.23 and as requested by the opposite party, the complainant handed over the product for initiating the claim. But the opposite party demanded an additional amount of Rs.4000/- for exchanging the product. On perusal of MO1, the disputed rimless eyeglasses, seemingly it is not at all repairable. The affidavit along with documents and MO1 marked from the side of the complainant proves that there was unfair trade practice and deficiency in service from the part of the opposite party and so complainant is entitled for exchange of the disputed eyeglasses with a new one or for refund of the cost of the said eyeglasses. These points are found in favour of the complainant.
Point No.3
In the result complaint stands allowed.
A. Opposite party is directed to give a new rimless eye glasses of the same model of MO1 as shown in Ext.A2 to the complainant without charging any amount or to refund an amount of Rs.6,720/- to the complainant within one month of receipt of this order failing which the said amount shall carry an interest @ of 12% per annum from the date of complaint till its realization.
B. The complainant is entitled Rs.2,000/- as cost of proceedings from the opposite party.
MO1 shall be returned to the complainant.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 8th day of June, 2023.
Sd/-Smt. P.R. Sholy (President in Charge)
Sd/-Smt.C.K.Lekhamma (Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Tax invoice dtd.12.05.2022
Ext.A2 - Tax invoice dtd.13.05.2022
Ext.A3 series - Copy of digital messages
MO1 - Disputed rimless eyeglasses
Evidence of the opposite parties: NIL
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Comp.by:
