BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C. No: 52/2010 Filed on 18/02/2010

Dated: 31..05..2010

Complainant:

K.P. Maheendrakumar, Sabari, Chempakamangalam, Korani – P.O., Thiruvananthapuram.

Opposite party:

Gokul Enterprises, Mosqe Lane, Thampanoor, Thiruvananthapuram.

This O.P having been heard on 28..05..2010, the Forum on 31..05..2010 delivered the following:

ORDER

SMT. S.K.SREELA, MEMBER:

The allegations in the complaint are the following: The opposite party had exhibited 'Handy Vaccuum Cleaner' and accepted booking for the same in the exhibition conducted by Malayala Manoramam from 8/01/10 to 10/01/10 at Attingal Municipal Town Hall. Accordingly on 9/01/10 complainant had booked for one Vaccuum Cleaner by paying an advance amount of Rs.200/- for which Order Form No. 56 was issued and had promised to deliver the same on 26/1/10. But, as the same was not delivered on 26/1/10, the complainant contacted in the number provided in the Form and the complainant was informed that the same would be delivered on 29/01/10. But on that day also it was not delivered and the opposite party never delivered it as assured till date. Hence this complaint.

2. The notice issued to the opposite party returned 'Unclaimed'. Hence the opposite party remains exparte.

3. Complainant has filed affidavit in lieu of chief examination and marked Ext. P1. Complainant has not been cross examined and hence his affidavit stands unchallenged.

4. The issues that would arise for consideration are:

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite party?

2. Whether the complainant is entitled for the reliefs claimed in the complaint?

5. Points (i) & (ii) : The order Form No. 56, dated 9/1/10 which has been marked as Ext. P1 reveals that the complainant has made a payment of Rs.200/- to the opposite party towards advance payment for 'Power Clean Handy Vaccuum Cleaner'. The net amount for the same is Rs.2,750/-, and in Ext. P1 it has been mentioned that supply within 29 days from the date of booking. Furthermore, the supply date has been mentioned as 26/1/10. Complainant has sworn that inspite of payment of advance amount, the Vaccuum Cleaner has not been delivered to him as assured by the opposite party at the time of booking. The said statement of the complainant stands uncontroverted as he has not been cross examined by the opposite party. Complainant has succeeded in establishing his complaint with document.

6. From the foregoing discussion, we find that the act of the opposite party in accepting the booking and the advance amount and thereby not delivering the same as assured in Ext. P1 definitely amounts to unfair trade practice. The complainant has pleaded that the exihibition was conducted by Malayala Manorama and we express our concern over such exhibitions conducted by big banners where hundreds of poor consumers like the complainants having been allured by those advertisements are deceived. In such situations, such organisers like Malayala Manorama which conducts such exhibitions to attract the consumers like the complainant to such exhibitions, should also see that the stalls mainained therein are genuine.

7. In the light of the above discussion, we are of the view that the complainant has to be compensated for the unfair trade practice & deficiency in service on the part of the opposite party.

In the result, complaint is allowed. The opposite party shall refund Rs. 200/- to the complainant along with a compensation and cost of Rs. 1,000/- to the complainant within a period of one month from the date of receipt of the order, failing which the entire amount shall carry interest at the ate of 12% from the date of order till realisation.

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 Forum, this the 31^st day May, 2010.

S.K. SREELA, MEMBER.

G. SIVAPRASAD,

PRESIDENT.

BEENA KUMARI.A, MEMBER.

ad.

C.C.No.52/2010

APPENDIX

I. Complainant's witness: NIL

II. Complainant's documents:

P1 : Copy of Order Form

III. Opposite party's witness: NIL

IV. Opposite party's documents: NIL

PRESIDENT