Kerala

Thiruvananthapuram

CC/19/368

Prasana Kumari J.L - Complainant(s)

Versus

Ideal Home Appliances - Opp.Party(s)

28 Apr 2023

ORDER

BEFORE THE 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.368/2019 (Filed on : 19/10/2019)

ORDER DATED : 28/04/2023

COMPLAINANT

Prasanna kumari.J.L

“Robin”, TC, 48/2497(2),

Thirumala.P.O

(Party in person)

                                                   VS

OPPOSITE PARTY

The Manager,

Ideal Home Appliances,

TC 28/177, Kaithamukku Junction,

Thiruvananthapuram – 24

(By Adv.Gayathri R Krishnan)

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

 

1. This complaint 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 complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint notice was issued to the opposite party. The opposite party entered appearance and filed written version denying the allegations raised by the complainant.

3.  The case of the complainant in short is that he has purchased of washing machine, grill and mixi from the opposite party’s show room and the same was delivered at the residence of the complainant on 05/09/2019. Instead of delivering grill, the opposite party delivered a micro wave oven. As the complainant was already having a micro oven she informed the opposite party that the same is not required. Inspite of informing the same to the opposite party several occasions, the opposite party was not willing to take back the micro wave oven. Hence alleging deficiency in service and unfair trade practice on the part of the opposite party the complainant approached this commission for redressing her grievances.

4. The opposite party filed written version contending that the complainant ordered micro wave oven from the show room of the opposite party after the delivery the mind of the complainant was changed and informed the opposite party that she want grill instead of micro wave oven. According to the opposite party there is no unfair trade practice or deficiency in service on the part of the opposite party and hence prayed for dismissal of the complaint.

5. Points for consideration

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

 

6. Heard. To substantiate the case of the complainant, the complainant has not filed any affidavit or marked any documents before this commission. Since 25/07/2022 this case is adjourned for filing affidavit of the complainant. As the complainant was continuously absent a notice was issued to the complainant to appear on 24/09/2022 before this commission to further proceed with this complaint. The said notice was served on the complainant and the complainant was present on 24/09/2022 before this commission and requested for time for filing proof affidavit. Subsequently inspite of giving several adjournments for filing affidavit, the complainant failed to adduce any evidence to establish her case against the opposite party. As such there is no piece of evidence before this commission to substantiate the contention raised by the complainant. Hence we find that the complainant has miserably failed to establish her case against the opposite party. In view of the above discussions, we find that this is a fit case to be dismissed.

               In the result, the complaint is dismissed. There will be no order as to costs.

     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 28^th day of April 2023.

 

                                                                              Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                         Sd/-  

        PREETHA G NAIR      : MEMBER

                                                                                              Sd/-

VIJU.V.R    : MEMBER

 

 

 

 Be/