SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to refund  the value of defective product Kitchen Table(3x3 glass top) for an amount of Rs.10,950/- to the complainant  along with cost and  compensation for mental agony caused to the complainant  for the  deficiency of service and unfair trade practice  on the part of OP.

  The brief of the complaint :

    On 13/7/2024 the complainant had purchased  computer table, Maple top drawer, kitchen table 3x3 glass top from OP’s shop after deducting the discount amount he paid total amount of Rs.33,000/- to OP.  The products delivered to the complainant on 15/7/2024.  At the time of purchasing the product the  OP assured that the  product is in good  quality and free from all defects.  But on 26/7/2024 at lunch time  complainant and his family members eating food before the kitchen table top 3x3 glass top, suddenly  the glass top broken and the complainant has got injured.  Immediately the complainant has been taken to CH hospital, Elayavoor and the doctor  treated the complainant and 3 stitches has taken the wound, the injury happened to the complainant’s on(L) forearm. The medicines prescribed and 2 days rest also suggested by the doctor and he incurred an amount of Rs.640/- as hospital expense.  Thereafter the complainant informed the matter to  OP on the same day through telephone.  Moreover, the complainant sent complaint to  redressal cell also.  But the OP is not ready to settle the problem. At last on 30/7/2024 the manager of OP’s institution states that the complainant will forcefully broken the kitchen table 3x3 glass top and he  is not ready to compensate the same.  The act of  OP the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing this complaint, notice  issued to OP . OP received the notice and not appeared before the commission and no version filed .  Then the commission  had to hold that the OP’s not appeared before the commission and no version filed. As such this case came to be  proceed against the OP as absent and set  exparte.

       Even though the OP remained ex-parte it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has  chosen to produce his affidavit along with 3 documents marking them as Exts.A1 to A3. The complainant  was examined as PW1.  So the OP remains absent in this case.  At the end the Commission heard the case on merit.

     Let us have a clear glance at the relevant documents of the complainant  Ext.A1 is the Estimate dtd.13/7/2024 and the items noted as 4 ½ x2 ½  maple tons, computer table, maple top drawer and kitchen table 3x3 glass top.  As per Ext.A1 the  kitchen table 3x3 glass top rate is Rs.12,900/- and  the OP received  the amount as 10,950/- as the discount  deducted amount.  Ext.A2 is the medical prescription card issued by Dr.Arjun .K.V dtd.26/7/2024 in favour of the complainant in CH Hospital and he incurred an amount of Rs.640/- as hospital expenses. It clearly shows that the complainant is treated by the doctor as the injury caused to the (L) forearm of the complainant.  Ext.A3 is the  photo of the damaged  OP’s kitchen table 3x3 glass top.  So it clearly shows that the OP sold the kitchen table 3x3 glass top is an inferior quality .  Immediately the complainant informed the matter to OP. But the OP is not ready to cure the defects of the product and not appeared before  the  commission to prove his defense also .  So the OP is directly bound to redressal the grievance caused to the complainant.   Therefore we hold that the OP is liable  to refund Rs.10,950/-, the price of kitchen table 3x3 glass top to  the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost.     

      In the result, the complaint is allowed in part directing  the opposite party to refund Rs.10,950/-, the price of kitchen table 3x3 glass top to  the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost    within 30 days of receipt of this order.  In default, the amount of Rs. 10,950/- carries interest@ 12% per annum  from the date of order till realization.  If the OP fails to comply the order, the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019

Exts:

A1- Estimate

A2- OP card issued by CH Hospital with hospital bill  dtd.26/7/24

A3-Photo

PW1-Rafeeq.P   - complainant.

  Sd/                                                 Sd/                                                    Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                      /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR