DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 17th day of April, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER. Date of filing: 21.12.2023.
CC/344/2023
1 Vijayakumaran.A.V, - Complainant
S/o.M.R.Velanachari (late),
Mandakam, Abhinand Bhavan,
PO Thenur, Parali, Palakkad-678 612.
(Party-In-Person)
Vs
1. Dharmendrakumar, -Opposite Party
SECURA Enterprises,
Near Monarch Furniture,
Kunnathurmedu, PO,
Palakkad-680 014.
(Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant.
The complainant purchased 90 metre long ½ inch pipe from the opposite party for irrigating coconut and arecanut palms in his farm, paying Rs.1,800/-. As the purchased item was not suitable for his use, the complainant wanted to return the same and approached the opposite party demanding refund of the original price. Though the opposite party initially agreed to refund the amount, he is postponing the refund telling one reason or other. Aggrieved by this, the complainant has approached this Commission seeking refund of the amount (Rs.1,800/-) along with a compensation of Rs.1,200/-.
2. The complaint was admitted and notice was issued to the opposite party. He did not enter appearance and hence, was set ex-parte.
3. The complainant filed proof affidavit and marked Ext.A1 as evidence, which is the tax invoice of the pipe purchased.
4. In the absence of any counter pleadings from the side of the opposite party, we are bound to examine whether the complainant has succeeded in proving a prima facie case against the opposite party.
5. Ext.A1 marked is the tax invoice of the pipe purchased by the complainant from the opposite party. From the proof affidavit filed by the complainant, it is evident that, though the opposite party agreed to refund the cost against return of the product, did not do so telling lame excuses. This is to be termed as deficiency in service or unfair trade practice.
6. As a prima facie case is proved against the opposite part, the complaint is allowed ordering the following;
1) The opposite party is directed to refund Rs.1,800/- being the cost of pipes along with the interest @ 10% p.a. from 04.08.2023 till the date of payment.
2) The opposite party is also directed to pay Rs.2,000/- towards expenses.
The above direction shall be complied within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof till the date of payment or compliance.
Pronounced in open court on this the 17th day of April, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Tax invoice dated 04.08.2022 for Rs.1,800/- issued by the opposite party.
Documents marked from the side of the opposite party: Nil
Court witness: Nil
Cost : 2,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
