Petitioner                                              :  Rajendran P.K.,

                                                               Pazhucheril House,

                                                               Thrikothamangalam PO,

                                                               Puthuppally, Kottayam.

                                                        Vs.

Opposite party                                     :  Biju,

                                                                Proprietor,

                                                                Bion Systems,

                                                                CSI Ascension Square

                                                                Railway station Road, Near Collectorate,

                                                                Kottayam.   

O R D E R

Smt. Bindhu M. Thomas, Member

            The crux of the complainant’s case is as follows:-

            The petitioner enquired opposite party about price of a “Canon” printer.  The opposite party informed that the price of the “Canon” printer is Rs. 2000/-.  As per the said information the complainant sent his son to the opposite party’s shop with Rs.2000/-.  The opposite party, shop owner received Rs. 2000/- from my son but has not issued any bill and gave a printer of another company named Epson. But the same day that complainant informed the opposite party that the opposite party has not delivered the ordered printer.  Then the opposite party promised to replace the said printer.  Believing the said promise the complainant entrusted the ‘Canon’ printer to the opposite party.  But the opposite party has not replaced the said printer till now.  After several demands, the opposite party issued the bill. The complainant alleged that the opposite party received more money for the said printer.  He further alleged that the given printer cost only Rs. 1850/-.  Hence the complainant filed this complaint alleging deficiency in service against opposite party and claimed the replacement of printer or refund of Rs.2000/- along with compensation and costs.

            Notice was served to the opposite party.  But the opposite party was called absent and was set expartee.

Points for considerations are:

i)                    Whether there is any deficiency in service or unfair trade practice on the part of opposite party?

ii)                   Reliefs and costs?

Evidence consists of affidavit filed by the complainant and Exts.A1 to A2.

Point No.1

            Heard the complainant and perused the documents placed on record.  The complainant averred that he ordered for a Canon inkjet printer through phone to the opposite party.  But the opposite party gave the printer made by Epson company and received Rs.2000/-.  Evidencing the said purchase the complainant produced a copy of cash bill dated 23/9/10 for Rs. 2000/-.  The complainant further averred that the Epson company made printer has price only Rs.1800/-.  Evidencing aforesaid averment the complainant produced an original quotation given by Neon IT Shop for Rs. 1800/-.  The complainant alleged that the opposite party failed to give the ordered printer and received a higher price for the given printer.  As the opposite party chose not to contest the allegations and averments of the complainant against the opposite party remain unchallenged.  In our view the act of opposite party in giving another printer which is having lower price than the ordered printer after receiving the price of the ordered printer is a clear case of unfair trade practice.  In our opinion the opposite party is liable to compensate the monetory loss and mental agony suffered by the complainant.  Point No.1 is found accordingly.

Point No.2

            In view of the findings in point no.1, the complaint is allowed.

  The opposite party will replace the Epson printer with a Canon inkjet printer or will refund Rs.2000/- to the complainant.  The opposite party will also pay Rs.1000/- as compensation and Rs. 500/- as litigation cost to the complainant.

            This order will be complied with within one month of receipt of the order failing which the aforesaid awarded sums will carry interest at the rate of 9% per annum from date of order till realisation.

Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 18^th day of November, 2010.

Smt. Bindhu M. Thomas, Member                    Sd/-

Sri. Santhosh Kesavanath P. President  Sd/-

Appendix

Documents of the petitioner

1) Ext.A1-Copy of the cash bill dated 23/9/10 for Rs. 2000/-.

2) Ext.A2-Original quotation for Rs.1800/- dated 30/9/10

Documents of the opposite party

Nil

By Order,

Senior Superintendent

S/3cs