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
Wednesday the 31st day of January 2024
C.C.546/2023
Complainant
Sijith.K.C,
Savan Puliyulla Parambil (HO),
Madathil mukku,
Chevayoor (PO),
Kozhikode – 673 017.
Opposite Parties
Edumart India Ltd,
28/975D, Nellokode,
Chevayoor,
Thondayad, Kozhikode – 673 016.
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 31/10/2023 the complainant purchased a toy - FENGEA TOY AK -74 GUN - paying Rs. 600/- from the shop of the opposite party. But within one day, the toy stopped working. When the complaint was reported to the opposite party, they refused to repair the product. They were also not ready for replacement of the product with a new one or refund of the price. Hence the complaint for refund of the price of the toy amounting to Rs. 600/- along with travelling expenses amounting to Rs. 500/-.
- The notice issued from this Commission on 27/11/2023 was duly served on the opposite party on 01/12/2023. The opposite party did not respond to the notice and hence set ex-parte.
- The points that arise for determination in this complaint are; 1. Whether there was any deficiency of service on the part of the opposite party, as alleged? 2. Reliefs and costs.
- PW1 was examined and Ext A1 was marked.
- Heard.
- Point No.1: The complainant has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the tax invoice dated 31/10/2023 which shows that the complainant had purchased FENGEA TOY AK -74 GUN paying Rs. 600/- from the opposite party. PW1 has asserted that within one day, the toy ceased working and that there was neglect on the part of the opposite party to redress his grievance.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not adduced any evidence to disprove the averments in the complaint or to rebut the veracity of the document 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 document. Deficiency of service on the part of the opposite party stands proved.
- The product has become worthless as far as the complainant is concerned. He is entitled to get refund of the purchase price of Rs. 600/- . The act of the opposite party has caused 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. 500/- will be reasonable compensation in this case.
- Point No. 2: In view of the finding on the above point, the complaint is disposed of as follows; a) CC 546/2023 is allowed. b) The opposite party is hereby directed to take back FENGEA TOY AK -74 GUN and refund the price of Rs. 600/- (Rupees six hundred only) to the complainant. c) The opposite party is directed to pay a sum of Rs. 500/- (Rupees five hundred only) as compensation to the complainant for the inconvenience suffered. d) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 600/- (Rupees six hundred only) shall carry an interest of 6% per annum from the date of this order till actual payment. e) No order as to costs.
Pronounced in open Commission on this, the 31th day of January, 2024.
Date of Filing: 09/11/2023
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - copy of the tax invoice dated 31/10/2023
Exhibits for the Opposite Parties
NIL
Witnesses for the Complainant
PW1 - Sijith. K.C (Complainant)
Witnesses for the opposite party
Nil
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PRESIDENT MEMBER MEMBER
True copy,
Sd/-
Assistant Registrar.
