DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday, the 27th day of September 2024
CC. 523/2023
Complainant
M.C. Thomas,
Marattil House,
Devagiri,
Medical college (PO),
Kozhikode – 673 008.
Opposite Parties
- Bed and Beyond Services Pvt. Ltd,
Kozhikode, Door No. 6/347,
Near 4th gate, Kannur road, Kozhikode – 673 001.
- Duroflex Private Limited, 2nd Floor, 30/6 Hosur road,
Near Trident Tech Park, Muneswara Nagar,
Sector 6, HSR Layout,
Bangalore, Karnataka – 560068.
- Duroflex Private Ltd,
PB No. 3808, Chungam, Alleppy,
Kerala – 688011.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 01/12/2022 the complainant ordered and purchased a duroflex mattress from the first opposite party paying Rs. 11,000/-. But within one year, it became defective and unfit for use. When this was informed to the first opposite party, they refused to accept the complaint and directed to prefer complaint online to the company. Accordingly, he preferred complaint to the company and also forwarded photos and measurement of the depth of the bed as requested by the company. The width of the bed in a portion was reduced by about 4 cms when compared to the remaining portion. The company offered a discount coupon of Rs.1,833/- in order to purchase a new bed. The opposite parties were reluctant to repair the mattress or to replace the same with a new one. Hence the complaint.
- The opposite parties were set ex-parte.
- The points that arise for determination in this complaint are;
- Whether there was any deficiency of service on the part of the opposite parties, as alleged?
- Reliefs and costs.
- PW1 was examined and Exts A1 to A3 were marked.
- Heard.
- Point No 1: PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the retail invoice dated 01/02/2022. Ext A1 shows the price of the mattress as Rs. 11,000/-. Ext A2 are the photographs of the mattress. Ext A2 reveals that the grievance of the complainant is genuine. Ext A3 are the copies of the reply e-mails.
- The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and to contest the matter. The opposite parties have not adduced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Ext A1 to A3.
- Deficiency of service on the part of the opposite parties stands proved. The mattress purchased by the complainant spending Rs. 11,000/- has became a worthless product within one year. The complainant is entitled to get replacement of the product with a new one or refund of the price. Undoubtedly, the act of the opposite parties has resulted in mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 3,000/- will be reasonable compensation in this case. The opposite parties are jointly and severally liable.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.523/2023 is allowed.
b) The opposite parties are hereby directed to replace the defective mattress with a new one of the same description which shall be free from any defect, or in the alternative, refund the price of Rs. 11,000/- (Rupees eleven thousand only) to the complainant, after taking back the defective mattress.
c) The opposite parties are directed to pay a compensation of Rs. 3,000/- (Rupees three thousand only) to the complainant for the mental agony and inconvenience suffered.
d) The order shall be complied with within 30 days of the receipt of the copy of this order, failing which, the complainant shall be entitled to get interest @ 9% per annum on the sale price of Rs. 11,000/- from the date of this order till compliance.
Pronounced in open Commission on this, the 27th day of September, 2024.
Date of Filing: 30/10/2023
Sd/ Sd/- Sd/- PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Retail invoice dated 01/02/2022.
Ext A2 - Photographs of the mattress.
Ext A3 - Copies of the reply e-mails.
Exhibits for the Opposite Party
NIL
Witnesses for the Complainant
PW1 - M.C. Thomas (Complainant).
Witnesses for the opposite party
NIL
Sd/ Sd/- Sd/- PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar
