Kerala

Thiruvananthapuram

CC/94/2020

Neethu P - Complainant(s)

Versus

Ideal Home Appliances - Opp.Party(s)

28 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

    SRI.P.V.JAYARAJAN       : PRESIDENT

SMT.PREETHA.G.NAIR  : MEMBER

                                  SRI.VIJU.V.R                  : MEMBER

CC.NO.94/2020 (Filed on : 16.03.2020)

ORDER DATED : 28.04.2022

 

COMPLAINANT

Neethu.P

Sini Bhavan,

Karottukonam, Malayinkeezhu.P.O

Pin code – 695571

 

(Party in person)

                                                          VS

 

OPPOSITE PARTY

 

Ideal Home Appliances,

Opp.Telephone Exchange,

Kaithamukku Junction,

Trivandrum – 695023
        (Set Exparte)

ORDER

SRI.P.V.JAYARAJAN          : PRESIDENT

This complaint is filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

             2.   This is a complaint filed by the opposite party alleging deficiency in service on the part of the opposite party. The case of the complainant in short is that she is an unemployed lady, who has got training in cake making. For the purpose of a livelihood she thought of starting a cake manufacturing unit. For the purpose of which she approached the opposite party and purchased an OTG (Over Toaster Grill) on 14.09.2019 by paying Rs.7500/- (Rupees seven thousand five hundred only) to the opposite party. The opposite party has assured two years warranty for the said product. When the complainant started using the product (OTG) the heat controlling unit of the product was not functioning and immediately the complainant contacted the opposite party and registered a complaint. Though the opposite party assured that their technician will be visiting the premises of the complainant for inspection of the product. The technician came only after a long period. After inspection the technician told that knob has caused defect and the same will be replaced. Accordingly the technician replaced the knob. But inspite of changing the knob, the complaint persisted and again the complainant registered another complaint with the opposite party. Subsequently also the technician inspected the product and informed that there is no defect for the product. As the product was not properly functioning, the complainant took the product to the professional cake manufacturers and they informed the complainant that it is impossible to manufacture cake by using this product. Subsequently, the complainant handed over the product to the opposite party on 03.02.2020 with request to rectify the defect. The opposite party neither rectified nor returned the product to the complainant till the date of filing this complaint. Inspite of repeated enquiries made by the complainant, the opposite party is evading from attending the telephone calls or responding to the request of the complainant. Hence alleging deficiency in service and unfair practice on the part of the opposite party, the complainant approached this Commission for redressing her grievances.

 

             3.   After admitting the complaint notice was issued to the opposite party and the same was accepted by the opposite party. Though the opposite party accepted the notice, failed to appear before this Commission on the date fixed for the appearance of the opposite party or on the subsequent dates. Hence on 10.12.2020 this Commission declared the opposite party exparte.

 

             4.   The evidence in this case consists of PW1 and Ext.P1 on the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

Points to be considered

  1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite party?
  2. Whether the complainant is entitled to get the relief claimed in the complaint?
  3. Order as to cost?

              5.            Heard. Perused records and affidavit. In order to prove the case of the complainant the complainant herself sworn an affidavit as PW1 and Ext.P1 was produced and marked. Ext.P1 is the Bill dated 14.09.2019 issued by Ideal Home Appliances. There is no contra evidence from the side of the opposite party. In the absence of any contra evidence from the side of the opposite party, the evidence adduced by the complainant stands unchallenged. By swearing an affidavit as PW1 and marking Ext.P1 document, we find that the complainant has succeeded in establishing her case against the opposite party. In the absence of any contra evidence from the side of the opposite party we accept the evidence adduced by the complainant. We find that there is deficiency in service and unfair trade practice on the part of the opposite party which has caused mental agony and financial loss to the complainant. As the mental agony and financial loss was due to the deficiency in service and unfair trade practice on the part opposite party, the opposite party is liable to compensate the complainant. In view of the above discussions, we find that this is a fit case to be allowed in favour of the complainant.

 

                             In the result, the complaint is partly allowed. The opposite party is hereby directed to refund Rs.7500/- (Rupees seven thousand and five hundred only) with 6% interest from 14.09.2019. Apart from this, the opposite party is also directed to pay Rs.5000/- (Rupees five thousand only) as compensation to the complainant along with Rs.2500/- (Rupees Two thousand five hundred only) being the cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry interest at the rate of 9% per annum from the date of this order till the date of remittance / realization.

                   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 Commission, this the 28th day of April 2022.

                                                                                              Sd/-

                                          P.V.JAYARAJAN    : PRESIDENT

 

                                          Sd/-                              

                                                        PREETHA G NAIR      : MEMBER

 

                                             Sd/-                           

                                                                 VIJU.V.R       : MEMBER

 

 

 

 

 

 

 

 

 

Be/

 

 

APPENDIX

CC.NO.94/2020

List of witness for the complainant

PW1            - Neethu.P

List of Exhibits for the complainant

Ext.P1         - Copy of bill dated 14.09.2019 from Ideal Home Appliances.

List of witness for the opposite party - NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

 

 

 

 

                                                                                        Sd/-

                                                                                  PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISTRICT CONSUMER

DISPUTES REDRESSAL

COMMISSION

 VAZHUTHACADU

 THIRUVANANTHAPURAM

 

                                                       CC.NO.94/2020

ORDER DATED : 28.04.2022

 

 

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