BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

C.C. No. 401/2021 Filed on 24/12/2021

ORDER DATED:  27/08/2022

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under section 35 of the Consumer Protection Act 2019 alleging that he had purchased a cot on 08/05/2018 for Rs.30,000/- from the shop of the opposite party.  On 2021 May all the cross bars of the cot has been broken and the cot has became useless for use.  The complainant informed these things to the staff of the opposite party.  But there was no response from the side of the opposite party.  The complainant has sent a registered notice on 08/11/2021 to the opposite party, which was accepted by the opposite party on 12/11/2021.  But till now the opposite party has not responded to the grievances of the complainant.  The act of the opposite party amounts to deficiency in service, hence this complaint. 

Even though the opposite party received the notice, the opposite party didn’t appear before this Commission and opposite party was set ex parte.  

Issues to be ascertained:

(i). Whether there is any unfair trade practice or deficiency in service from

     the side of opposite party?

(ii). Whether the complainant is entitled to get the reliefs?

Issues No.(i) & (ii):- Both these issues are considered together for the sake of convenience. The complainant has filed affidavit in-lieu of chief examination

and has produced 2 documents which were marked as Exts.A1 and A2.It can be seen from the Ext.A2 that the complainant has informed his grievances to the opposite party.The opposite party didn’t turn up, hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.The opposite party is bound to replace the cot or repay the amount received from the complainant. From the documents produced by the complainant we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of the opposite party.

In the result the complainant is allowed.  The opposite party is directed to repay Rs.30,000/- (Rupees Thirty Thousand Only) and pay Rs.3000/- (Three Thousand Only) as compensation for the mental agony suffered by the complainant and also pay Rs.2500/- (Rupees Two Thousand Five Hundred Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of default till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 27^th  day of August,  2022.

            Sd/-

P.V.JAYARAJAN                 : PRESIDENT 

          Sd/-

PREETHA G. NAIR              : MEMBER    

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                                                                 VIJU V.R                          : MEMBER

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                                                 C.C. No. 401/2021

APPENDIX

  I         COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

        Sd/-

PRESIDENT

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