IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 11th day of August, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R, Member
Sri. K.M. Anto, Member
C C No. 25/2020 (filed on 01/02/20)
Petitioner : Joseph Kattakkayam,
Kattakkayam,
Magestic lane,
Muttambalam P.O.
Kottayam – 686004.
Vs.
Opposite Party : Proprietor,
Emirates Optician,
M.D. Commercial center,
K.K. Road, Kottayam – 686001.
O R D E R
Sri. K.M. Anto, Member
The brief of the complainant’s case is as follows.
The complainant purchased spectacles from the opposite party on 24-07-2019 on a payment of Rs.11,000/-. The coatings on the fame was seen flaking off within days of purchase. The spectacles was returned to the opposite party on 09-08-2019 and the opposite party promised to refund the price of the lenses. After repeated requests, the opposite party deposited Rs.7,730/- in the account of the complainant on 11-12-2019. The complainant demanded the balance amount of Rs.3,270/-. But the opposite party failed to refund the balance amount. The act of the opposite party is unfair trade practice and deficiency in service. Hence the case.
On admission of the complaint, copies were duly served to the opposite party. The opposite party failed to file their version or to appear before the Commission to defend their case. Thus opposite party was set exparte.
The complainant filed proof affidavit and marked Exts.A1 to A4.
Ongoing through the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.
- Whether there is unfair trade practice or deficiency in service from the part of the opposite party.
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider point No.1 and 2 together.
Point Nos.1 and 2
Ongoing through the complaint, proof affidavit of the complainant and evidence on record it is clear from Ext.A1 that on 24-07-2019, the complainant purchased ARMANI EA1052MTLFF with cost of Rs.10,500/- and CRK CRIZAL with a cost of 3,270/-. The total cost was Rs.13,770/-. The complainant was given a discount of Rs.2,770/- and the complainant paid an amount of Rs.11,0000/- to the opposite party.
The coating on the frame of the lens were seen flaked off immediately after the purchase. On 09-08-2019 the complainant returned the spectacles to the opposite party due to this defect and demanded for the refund of price. As per Ext.A2 it can be seen that Rs.7,730/- was credited to the account of the complainant on 11-12-2019. The complainant sent notice to the opposite party for the refund of the balance amount. Ext.A3 is the copy of the notice and Ext.A4 is the copy of the acknowledgement card. It is clear that the opposite party had refunded a portion of the cost of the spectacles. This shows that the complainant is eligible to get the refund. There is no justification for a partial refund from the part of the opposite party. Thus we are of the opinion that the act of the opposite party in selling a defective product to the complainant and not giving the full refund even after getting notice is deficiency in service and unfair trade practice. Hence Point No.1 is found in favour of the complainant and we pass the following orders.
- The opposite party is directed to refund an amount of Rs.3,270/- to the complainant.
- The opposite party is directed to pay an amount of Rs.1,000/- as compensation for mental agony and hardships with cost of Rs.500/- to the complainant.
Order shall be complied with within a period of 30 days from the date of receipt of Order.If not complied as directed the award amount will carry7% interest from the date of Order till realization.
Pronounced in the Open Commission on this the 11th day of July, 2021.
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R, Member Sd/-
Appendix
Exhibits marked from the side of complainant.
A1 – Bill No. G 65 dtd.24-07-19 from Emirates optician
A2 – Copy of bank statement from 28-06-19 to 03-09-2020
A3 – Copy of letter dtd.27-12-2019 from petitioner to opposite party
A4 - Copy of postal acknowledgement card.
Exhibits marked from the side of opposite party
Nil
By Order
Senior Superintendent
