Kerala

Idukki

CC/25/2022

Joseph P J - Complainant(s)

Versus

Daikon Pumb and spear - Opp.Party(s)

14 Jun 2022

ORDER

DATE OF FILING : 28/01/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 18 ^th day of October 2022

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.25/2022

Between

Complainant                            :     Joseph P.J.,

                                                       Panachickal House, Kanjikkuzhi P.O.,

                                                       Idukki District.

                                                        And

Opposite Party :                        :     The Manager, (Rakesh Agarwal),

                                                        Tycoon Pump & Spair, 96 Ilamco Nagar, Palayam,

                                                        Koyambathoor, Tamil Nadu, Code 33.

O R D E R

SMT.ASAMOL P., MEMBER

 

Facts of complaint are briefly stated hereunder:-

 

1 . On 20/01/2022, complainant has purchased 1.5HP 350 FT Motor from opposite party through online.  He has totally paid Rs.9500/- including 12% GST through Google pay for purchasing the product.  Also, he has spent Rs.700/- as loading- unloading labour charges.

2 . When complainant opened the pump set box there was no clamp and reducer along with the motor set.  This is informed to opposite party by complainant and they assured that there would be sent through courier as soon as possible.  But complainant did not receive these items till the date.

                                                                                                          (Cont....2)

 

-2-

 

3 . 1.5 HP 350 FT Head Pump Set was booked  by complainant from opposite party institution.  But, opposite party has sent 1.5 HP 30 meter head pump set.  This is no use for complainant by any way or by any means,  because, this motor is having no capacity to pump water from 350 feet depth.  More over, it is seen that bottom side of the motor set was broken and topside portion was bended.  Complainant informed about these matters to opposite party and demanded that either replace the motor pump set or refund the money which he paid for the product.  But, opposite party did not take any steps till this date.  This is deficiency in service and unfair trade practice on the part of opposite party.  Therefore, complainant has prayed the following reliefs.

1.  Opposite party may be directed to refund Rs.9500/-.
2.  Opposite party may be directed to pay Rs.700/- as transporting charge.
3. Opposite party may be directed to pay Rs.15,000/- as compensation for mental agony of complainant.

Notice served to opposite party.  But, opposite party has not appeared before the Commission.  Hence, opposite party called absent and set exparte.  Therefore, case was posted for evidence of complainant.  Complainant was examined as PW1 and P1 to P6 were marked.  Complaint was heard and it was taken for orders.

 

 

 

                                                                                                            (Cont......3)

-3-

The points which arise for consideration are

1. Whether there is any deficiency in service on the part of opposite party?
2.  If, so, what reliefs are entitled to complainant?

The Point is considered

1. We have gone through the complaint and perused the documents.  It is seen that complainant has purchased 1.5 HP vertical open well-TV OW 1500 Motor Pump Set worth Rs.9500/- from opposite party on 10/01/2022.  This is proved by Ext.P3.  As per Ext.P2, it is proved that that complainant has paid Rs.9500/- to opposite party through Google pay.  Complainant has incurred Rs.590/- as transporting charge.  It is proved as per Ext.P4(a) ie, cash receipt on 11/01/2022 issued from Kerala roadways Pvt.Ltd.,  Perusing Ext.P5, it is found that total head of motor pump is 30 meters.  This is proved that complainant received the product which is not booked by him.  According to complainant, he needs to pump water from 350 feet depth.  Therefore, he cannot use this motor pump for his needs.  We are of the considered view that complainant is entitled to get the reliefs which he prayed.  Opposite party has neither appeared nor adduced any evidence against these allegations.  Hence, complaint is partly allowed.

 

Opposite party is directed to refund Rs.9500/- which complainant paid as price of Motor Pump and to pay Rs.700/- as transportation charge and to payRs.10000/- as compensation to

 

•  

 

 

1.  

complainant within 45 days from the receipt of copy of this order, failing which the amount shall carry 12% interest from the date of order till its realisation.

Pronounced by this Commission on this the   18^th day of October, 2022.

 

                                                                           Sd/-

                                                                            SMT.ASAMOL P., MEMBER

                                                                                           Sd/-

                                                                     SRI.C.SURESHKUMAR, PRESIDENT 

                                                                                           Sd/-

                                                                   SRI.AMPADY K.S., MEMBER

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1- Joseph P.J.

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of product price list with technical data page

Ext.P2 - Copy of google pay message

Ext.P3 – Copy of bill dated 10/01/2022

Ext.P4 & bP4(a)–Copy of  Transporting charge bill

Ext.P5 – Copy of pump set shear slider

Ext.P6 – Copy of photo of damage pump set.

On the side of the Opposite Party :

Nil

                                                                                               Forwarded by Order

 

                                                                                        ASSISTANT REGISTRAR