Date of Complaint : 04.10.2013
Date of Order : 10.02.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
THIRU.L. DEENDAYALAN, M.A.B.L., : MEMBER I
TMT.K. AMALA, M.A. L.L.B., : MEMBER II
C.C.No.322/2013
THIS TUESDAY , THE 10TH DAY OF FEBRUARY 2015
K. Sivaprakasam,
S/o. Kesavan,
Door No.6, Thirumalai Nagar,
A.S.T.C. Hudco Near
Ozur Town,
Ozur Taluk
Krishnagiri .. Complainant.
- Vs-
The Proprietor, Gupta Impex (Nilgiris), No.23, Sterling Swapnalok, Shop NO.G2, Padmavathiyar Road, Gopalapuram, Chennai 600 086. .. Opposite party. | | .. Opposite party. |
| | |
For the complainant : Party-in-person
For the opposite party : Exparte.
Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party to pay a sum of Rs.50/- being the price of the Aloo Bonda Instant snack mix and also to pay a sum of Rs.50,000/- as compensation and Rs.5,00/- as cost of the complaint to the complainant.
ORDER
THIRU. B. RAMALINGAM, PRESIDENT
1. The Case of the complainant is briefly as follows:
The complainant has purchased the Aloo Bonda Instant Snack mix for Rs.50/- along with two items from the 1st opposite party shop on 27.8.2013. After the complainant went to home on seeing the above said pocket the expiry date was on 2.8.2013. Hence the complainant approached the opposite party to replace the above said pocket, but the opposite party was not replaced the product or to return the of cost. Therefore the complainant send a notice through consumer Association dt. 2.9.2013, but the opposite party did not response. As such the act of the opposite party is amounts to deficiency in service and which caused mental agony and sufferings to the complainant. As such the complainant has sought for return of the amount of Rs.50/- which is cost of the Allo Bonda Instant Snack mix and compensation of Rs.50,000/- and Rs.5,000/- with the cost of this complaint.
2. Even after receipt of the notice, the opposite party did not appear before this Forum and did not file any written version. Hence the opposite party was set exparte.
3. Complainant has filed his proof affidavit and Ex.A1 to Ex.A5 were marked on the side of the complainant.
4. The points that arises for consideration are as follows:
1. Whether the opposite party committed any deficiency in service
and unfair trade practice ?
2. To what relief the complainant is entitled to ?
5. POINT NOs: 1 & 2:
Perused the complaint, proof affidavit filed by the complainant, Ex.A1 to Ex.A5 and considered the arguments of the complainant. The complainant filed this complaint stating that the complainant had purchased a Aloo Bonda Instant Snack mix for Rs.50/- along with two items from the opposite party shop on 27.8.2013 under invoice copy Ex.A1. After went to home on seeing the expiry date on the said pocket it was found that despite for fast use and for use of the said product best on 2.8.2013. As records which is on the date of the purchase to be expired. Despite of the complainant approached the opposite party in person and sending notice through consumer association dt. 2.9.2013 under Ex.A3 and the opposite party has not come forward to resolve the claim of the complainant by replacing the product or to return of the cost. Therefore the complainant filed this complaint seeking return of the cost, compensation and cost of this proceeding.
6. Whereas in this proceeding though the notice was received by the opposite party neither appeared in person nor through counsel and not filed any written version and not contested the case. As such the opposite party remain exparte in this proceedings. Considering the above facts and circumstances on the submission made by the complainant the complainant case is proved by the complainant proof affidavit as well as Ex.A1 to Ex.A5 documents. As such the opposite party has committed unfair trade practice and also deficiency in service. Therefore we are of the opinion that the opposite party is liable to return the cost of the said Aloo Bonda Instant Sanck mix price of Rs.50/- to the complainant and just compensation of Rs.5,000/- to be paid to the complainant and also to pay a sum of Rs.3,000/- as cost to the complainant and the points are answered in favour of the complainant.
In the result the complaint is partly allowed. The opposite party is directed to return back the price of the Aloo Bonda Instant Snack mix i.e. Rs.50/- (Rupees Fifty only) and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.3,000/- as cost to the complainant within six weeks from the date of receipt of copy of the order, failing which the above said amount shall carry interest at the rate of 9% per annum from this day, till the date of payment.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this the 10st day of February 2015.
MEMBER-1 MEMBER-II PRESIDENT.
Complainant’s Side Documents:-
Ex.A1- 27.8.2013 - Copy of receipt.
Ex.A2- - - Copy of expiry date of mentioned in the pocket.
Ex.A3- 2.9.2013 - Copy of legal notice.
Ex.A4- - - Copy of complaint.
Ex.A5- - - copy of Courier receipt
Opposite party’s Document’s : .. Nil .. (exparte)
MEMBER-1 MEMBER-II PRESIDENT.
