SRI. SAJEESH.K.P     : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OP to give Rs.10,000/- as compensation for mental agony and financial loss sustained by complainant.

Complaint in brief :-

   On  1/10/2022, complainant and his daughter went to OP’s shop to purchase a bag.  They visited the shop during night time  when the  shop was about to close and selected a bag worth Rs.890/- without much verification.  But the size of bag was much bigger than required. So complainant intended to replace the bag and the next day was Sunday and couldn’t replace it.  Thereafter complainant approached OP and OP told that they couldn’t replace the  bag because  there is a seal on the bag and  hesitated  to replace the bag.  Hence this complaint.

         After filing this complaint, Notice  was issued to OP which was duly served.  The OP  has not  appeared before the commission and not filed any version.  Hence the commission   held that  the OP has no version  as such in this case  came to be  proceed against the OP as set exparte.

         Even though, the opposite party has  remained ex-parte, it is for the complainant to establish the allegation made by him against the  OP.  Hence the  complainant was  adduced evidence in the form of proof  affidavit and documents.  Accordingly the  complainant  has chosen to produce his affidavit along with  documents  marking as Exts.A1&A2 and MO1 (bag) also produced.  So the OP remained  absent in this case.  At the end the commission heard the case on merit.

   Let us have a clear glance at the relevant documents of the complainant. The complainant was examined as PW1  . On the perusal of  documents  ExtsA1 &A2 which was produced by complainant before the commission , it is seen that  the purchase price of the bag is Rs.890/- and  on Ext.A2 a seal of  OP is seen as  stated in the complaint.  On the perusal of MO1, the price tag is not seen.  The complainant had  the right to get the produce on his own choice on the payment of price.  The OP got a fair chance to conduct the case but they  remained absent. Hence the commission came into a conclusion that the deficiency in service from the part of OP.  Since the OP has the obligation to satisfy the genuine requirement of complainant as stated in the complaint.  So the OP is  directed to refund the amount of Rs.890/- to the complainant.

       In the result complaint is allowed in part.  The opposite party is directed to refund  the amount of Rs.890/- towards the cost of MO1(bag) and to pay Rs.1500/-  as compensation to the complainant  within 30 days of receipt of this order.  On the payment of the above said  amount to the complainant, the opposite party is at liberty to take back the MO1(bag)  from the commission.  Failing which complainant is at liberty to file execution application against  opposite party as per the provisions of Consumer Protection Act 2019.

Exts:

A1- Purchase bill

A2- Price tag

MO1- bag

PW1-M.V.Radhakrishnan-Complainant

Sd/                                                                       Sd/                                                                 Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR