Kerala

Thiruvananthapuram

CC/342/2022

Amina Beevi - Complainant(s)

Versus

Imayam Engineering college - Opp.Party(s)

25 Feb 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.342/2022 (Filed on : 27/08/2022)

ORDER DATED : 25/02/2023

COMPLAINANT

Amina Beevi.J.M

W/o.Niyas,

Residing at Alif House,

Killy Kollode.P.O. Kattakada,

Kattakada Taluk,

Thiruvananthapuram

Pin – 695572

(By Adv.Pramod kumar.G.S)

VS

OPPOSITE PARTY

Imayam Engineering Works,

Pollachi Main Road, Near

Eachanari Railway Flyover,

Coimbatore -641021,

Tamil Nadu, Rep.by its Proprietor,

Imayavan

(Exparte)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 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 and unfair trade practice on the part of the opposite party. After admitting the complaint, notice was issued to the opposite party. After accepting the notice, the opposite party failed to appear before this commission and hence on 22/10/2022 the opposite party was declared exparte.

3.           The case of the complainant in short is that the complainant is running a Bakery Store namely ‘Café Javaz’ at Killy, Kattakada- Thiruvananthapuram Road for her livelihood. The complainant purchased some machines from the opposite party for making bakery items in her café. The decision to purchase was made on the representation made by the opposite party that the machines were manufactured using best quality components designed to deliver high performance along with long term durability. The opposite party further assured to the complainant that the opposite party will provide free service for the aforesaid machines for a period of one year from the date of its delivery. On believing the words of the opposite party, the complainant purchased the following machines from the opposite party by spending a total amount of Rs.5,70,000/- (Rupees five lakhs seventy only) which includes installment cost. The entire sale price of Rs.5,70,000/- (Rupees five lakhs seventy thousand only) including tax and installation charges for the aforesaid machines were paid through bank transaction, transferred to the bank account of the opposite party bearing Account No.19570200002849 maintained at Federal Bank, Kinathukadavu Branch from the account of the husband of the complainant. The aforesaid machines were not working properly and many time the complainant had to contact the opposite party for repairing the aforesaid machines. The opposite party even failed to carry out service of the machines in proper time as agreed by him. The complainant purchased the aforesaid machines in the month of December 2021, within few days after the purchase, the machines started to show some problems and emitting big noises while its turned on. More than four time within the short period of six months after purchase, the technicians of the opposite party carried out repairing works of the aforesaid machines but unfortunately the struggle is still continuing as the machines are not working properly. Due to the failure of the sub-standard machines supplied by the opposite party, the café of the complainant is at the verge of its shut down as she cannot make cakes in her café. Now the opposite party is not responding properly and not sending any technician for repairing the machines. By supplying sub-standard quality machines, the opposite party has committed unfair trade practice and the inaction of the opposite party in rendering proper service and not sending technician to repair the machines amount to deficiency in service.

5.       The opposite party being declared exparte, there is no version or affidavit filed by the opposite party.

6.       The evidence in this case consists of PW1 and Exts.A1 to A3 from the side of the complainant and the opposite party being declared exparte, there is no affidavit or evidence from the side of the opposite party.

7.   The issues to be considered in this case

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 relief claimed in the complaint.
3. Order as to cost.

8.  Heard. Perused records, affidavit and documents. To substantiate the case of the complainant the complainant herself sworn an affidavit as PW1 and Exts.A1 to A3 were produced and marked. Ext.A1 is the copy of the memo of Imayam Engineering works. Ext.A2 is the copy of the statement of account of the complainant obtained from Kerala Gramin Bank. Ext.A3 series is the copy of tax invoice dated 08/12/2021. From the Exts.A3 series it is evident that the complainant has purchased machineries from the opposite party. By producing Ext.A2 the complainant has established that she has paid Rs.5,70,000/- (Rupees five lakhs seventy thousand only) to the account of the opposite party for the purchase of the machineries. There is no evidence from the side of the opposite party to discredit the evidence adduced by the complainant. Hence the evidence adduced by the complainant stands unchallenged. In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant. From the evidence available before this commission, we find that there is unfair trade practice and deficiency in service on the part of the opposite party. The fact that the technicians of the opposite party carried out repair works for the machineries for four time within a short period of six months from the date of purchase, shows that the machineries supplied by the opposite party is not up to the mark, as expected from a new brand machinery. In the above circumstances, we find that the complainant has suffered mental agony and financial loss due to the deficiency in service on the part of the opposite party. As the mental agony and financial loss to the complainant was caused due to the deficiency in service on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant. In view of the above discussions, we find that this is fit case to be allowed in favour of the complainant.

                 In the result, the complaint is allowed. The opposite party is directed to pay a sum of Rs.3,00,000/- (Rupees three lakhs only) to the complainant as compensation along with Rs.2500/- (Rupees two thousand and five hundred only) as cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of 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 25^th day of February 2023.

                                                                             Sd/- 

P.V.JAYARAJAN    : PRESIDENT

                                                                                        Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

 

Be/

APPENDIX

CC.NO.342/2022

List of witness for the complainant

PW1                      - Amina Beevi

List of Exhibits for the complainant

Ext.A1                  - Copy of the memo of Imayam Engineering works.

Ext.A2                  - Copy of the statement of account of the complainant obtained from Kerala Gramin Bank.

Ext.A3 series         - Copy of tax invoice dated 08/12/2021

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   -NIL

 

 

                                                                                                       Sd/-

PRESIDENT