OR D E R

Smt. N. ShajithaBeevi  (Member-I):

                   The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.

                   2. Smt.ShobanaVijayan has filed this complaint before the commission with a request to return back the price of the defect tread mill. The case of the complainant is as follows:-

             3. She purchased a Tread Mill from the 1^st opposite party on 01/07/2019.Within one month, of the above purchase the equipment became defective. Then he informed the matter to the opposite parties. And they send a technician and the defect of the Tread Mill was cured. But again the Tread Mill became defective and he informed to the opposite parties and they promised to cure the defects. But the offer was not acceptable to the complainant because he was purchased another Tread Mill from the opposite parties earlier i.e., before two years and the same was also defective. So the opposite parties replaced the defective tread Mill after receiving the defective machine and Rs.47,000/- in addition. Then he purchased the present Tread Mill. In the above circumstances, the complainant demanded the opposite parties to receive back the Tread Mill and to return entire

price to the complainant. But the opposite parties refused to the proposal, hence complaint is filed by the complainant  alleging un fare trade practice and deficiency in service on the part of the opposite parties. Hence this complaint.

               4.  Notices were issued to the opposite parties. But they were not turned up before the Commission. Hence this Commission declared the opposite parties set ex- parte.

            5. Complainant has filed proof affidavit in support of the complaint. Complainant has produced documents in evidence, marked the same as Exhibit A1 to A4. Considering the allegations of the complainant, the commission has raised the following issues:-

(2) Whether there is any deficiency in service on the part of the

opposite parties?

(3) Regarding compensation and cost?

6. We have perused the complaint and documents produced in evidence. It is stated that there is grossest deficiency of service in rectifying the defect of the Tread mill and receive back the price of the Tread Mill.

          7. The entire facts and circumstances of this case show that there is irresponsible way of dealing the matter committed by the opposite parties. This shows the unfair trade practice of the opposite parties and it shows that opposite parties has not taken any steps to appear before the commission for explained in the matter involved in this case.

           8. In this context we are of the strong view that the allegations of the complainant are to be treated as genuine. We have verified the documents produced by the complainant in detail.

9. In this context, we hereby direct the opposite parties to pay of Rs. 47,000/- (Rupees Forty Seven Thousand only) to the complainant after receive back the defective machine. Considering the entire facts of this case opposite parties shall pay of Rs. 10,000/- (Rupees Ten Thousand only) as compensation to the complainant and a cost of Rs.1,000/- (Rupees One Thousand only) for the proceedings to the complainant. It is further ordered that the opposite parties shall comply this order within one month from the date of receipt of this proceeding.

                  Complaint allowed.

     Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^th day of November, 2020.                                                        

                                                                                   (Sd/-)

Smt. ShajithaBeevi. N

(Member I)

Sri. George Baby (President)         :  (Sd/-)

Sri.NishadThankappan(Member II) :(Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1: SobhanaVijayan

Exhibits marked on the side of the complainant:

A1: copy of invoice dated: 11/07/2019.

A2: copy of warranty registered card.

A3: copy of service report.

A4: copy of statement of account for the period from 01/07/2019 to 25/07/2019.

Witness examined on the side of the opposite parties: Nil.

Exhibits marked on the side of the opposite parties: Nil.

(1)     SobhanaVijayan,

Karthika,Tholassery,

Thiruvalla – 689101.              

          (2)     BabuParayathukattil,

          Raja Cycle Emporium,M.C. Road, Opp. JoscoJewelry,

Thiruvalla – 689101.

          (3)     S&T WelcareEquipments (P) Ltd.,

No. 20, S&T Arcade, Vasanth Nagar,

Opp. Uzhavarsanthai, Trichy Road,

Singanallur, Coimbatore – 641005.

          (4)     The Stock File.