SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed U/S 12 of the Consumer Protection Act 1986 seeking direction against the opposite parties  to refund   the advance amount of Rs.1000/- and to pay  compensation and cost  of Rs.1,00,000/- to the complainant.

  The case of the complainant in brief :

   The opposite parties displayed their products in  the Vanitha Fair  conducted by Malayala Manorama in Kannur Police ground.  The Ops offered that the furnitures are in good quality and take order from the stall itself and assured that the properties are delivered within 3 days.  On believing the  words and wide advertisement of Ops in connection with ‘Magic bench” the  complainant approached the OP and ordered one magic bench dtd.7/12/2018 and paid an advance amount of Rs.1000/- to Ops.  At  the time of ordering  the magic bench the Ops  assured  that the property delivered within 3 days and an order form delivered to the complainant.  Moreover the OP states that the total value of the magic bench worth Rs.21,500/- . At the time of delivering the property the complainant would pay the  balance amount of Rs.20,500/- to the Ops.  So many times the complainant enquired about the  OP for his magic bench.  No reply from the side of Ops.  The complainant ordered the magic bench only for  furnishing his farm house at Paithalmala on the inaugural function of house farming on 27/12/2018.  But the Ops cheated the complainant for non producing the ordered magic bench.  The act of the Ops the complainant caused much mental agony and  hardship.  Thereafter the complainant send a registered lawyer notice dtd.11/1/2019 to Ops.  On 20/1/2019 the 1^st OP received the lawyer notice and no reply send by  Ops.  Alleging the above said act amounts to deficiency  in service and unfair trade practice on the part of Ops.  Hence the complaint.

             After filing the complaint, notice was issued to both opposite parties.  Opposite parties  received the  notice and  not appeared before the commission  and not filed any  version.      Ultimately the commission had to hold that the  OPs have no version  as such  in  this case  came to be  proceed against the   opposite parties  as  exparte.

    Eventhough the opposite parties have remained ex-parte, it is for the complainant to establish the allegation made by him against the opposite parties.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the complainant has  chosen to produce his affidavit along with 3 documents marking them  Ext.A1to A3 and complainant was  examined as PW1.   So the opposite parties remain absent in this case.  At the end, the Commission heard the case on merits.

       Let us have a clear glance at the relevant documents  of the  complainant.  Ext.A1 is the  order form dtd 7/12/2018 it  clearly shows that the value of the magic bench  one for Rs.21,500/- and the complainant paid Rs.1000/- as advance  to the Ops.  Moreover in Ext.A1 the delivery date noted that “any time”.  But the Ops not delivered the magic bench upto this time also.    So the Ops are liable to cure the loss sustained by the complainant.  In Ext.A2 is the lawyer notice issued by the complainant to Ops and Ext.A3 is the acknowledgment card.  The act of the Ops amounts to deficiency of service and unfair trade practice . Under this circumstances, we are of the  considered view that the Ops are liable to refund Rs.1000/- as advance amount to the complainant   along with Rs.6,000/- as compensation and Rs.3000/- as litigation cost. It will meet the ends  of  justice.  Hence the complaint is  allowed in part.  Accordingly we proceed  to pass the following.

            In the result, the complaint is allowed in part

1. The opposite parties are  jointly and severally liable to refund Rs.1000/- to the complainant.
2.  The opposite parties are  jointly and severally liable to pay Rs.6,000/- as compensation and Rs.3000/- as litigation cost to the complainant.  This order to be complied by the opposite parties within  30 days  of  receipt  of the order,   failing which the   complainant shall be  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1-   order form  dt.7/12/2018

A2-lawyer notice

A3 –Acknowledgment card

PW1-A.T.prajil-complainant

Sd/                                                        Sd/                                    Sd/

PRESIDENT                                  MEMBER                            MEMBER                                 

eva                                                         

/Forwarded by Order/

SENIOR SUPERINTENDENT