Sri. P. Satheesh Chandran Nair (President):

                   The complainant filed this petition u/s.12 of the C.P. Act 1986 for getting reliefs from the opposite parties.

                   2. The case of the complainant is as follows:  On March 2016 the complainant after seeing a T.V programme in Kerala Vision Info Channel ‘Sky Shoppe’ he ordered for a mobile phone to Phone No.08067331801 by a missed call.  As a result of the telephone conversation on 02.04.2016 a mobile phone reached in the house of the complainant by courier service.  At the time of the delivery of the said parcel the complainant paid an amount of Rs.5,000/- to the person concerned.  It is contended that though the opposite party offered gift voucher along with the mobile phone that gift voucher was not accompanied with the above said phone.  It is again contended that though the phone was delivered to him the display, speaker and other necessary functions of that mobile phone was not proper hence the complainant tried to contact the opposite party by phone.  It is stated that even though he tried to contact the opposite parties so many times they are not even ready to attend the call of the complainant and also failed to rectify the grievances.  It is again contended that few days after the delivery of the mobile phone the 2^nd opposite party sent a gift voucher to the complainant but that also was not fruitful to the complainant,.  It is further contended that the opposite party’s wilfully deceited and cheated the complainant thereby the opposite party is committed grave deficiency in service and unfair trade practice against the complainant.  Hence the complaint, for realising mobile phone amount Rs.4,995/-, compensation, cost etc. etc. 

          3. This Forum entertained the complaint and issue notice to the opposite parties for their appearance.  Though opposite parties 1 and 2 received notice on 02.08.2016 and 01.08.2016 respectively they failed to appear before the Forum on 22.08.2016, the case again adjourned to 19.09.2016 for their appearance or for further steps.  On 19.09.2016 also the opposite party 1 and 2 did not appear before the Forum hence this Forum declared exparte against them.                

          4. We peruse the complaint and records before us and we frame the following issues:

(1) Whether the complaint is allowable?

(2) Regarding Costs and reliefs?

         5. The evidence of the complaint is consists of the chief examination as PW1 and Exts.A1 to A3.  Ext.A1is the cash bill dated 02.04.2016 for Rs.4,995/- issued by 2^nd opposite party in the name of the complainant.  Ext.A2 series are the cover and gift voucher coupon.  Ext.A3 is the address of the 1^st opposite party.  When we examine the chief examination of the complainant as PW1, it reveals that he is more or less deposed in terms of his complaint.  It is deposed that he paid Rs.4,995/-  for the mobile phone to the concerned at the time of its delivery.  It is also deposed that at the time of delivery a person connected to Courier Service served a bill for the said amount.  The said bill is marked as Ext.A1 in PW1’s favour.  At the time of the chief examination, he was requested for a correction of his complaint with regard to the date of delivery of the mobile phone.  According to PW1, the mobile phone is actually delivered on 06.04.2016 and by mistake it was written as 02.04.2016 in the complaint.  It is again deposed that he made the 1^st opposite party in the party array because the cover of the mobile phone carries the name and address of the 1^st opposite party.  In order to substantiate this fact he produced and marked Ext.A3 the cover which carries the name and address of the 1^st opposite party.  Since the opposite parties in this case was already declared as exparte they did not cross-examine PW1.  Hence the evidence adduced by PW1 in this case is unchallengeable as far as opposite parties 1 and 2 are concerned.  After the completion of the evidence of PW1, we heard PW1.

          6. Point Nos. 1 & 2:-  For the sake of convenience we would like to consider Point No.1 and 2 together.  In order to substantiate the case of the complainant, as discussed earlier the complainant filed Ext.A1 bill.  It shows that for the mobile phone he paid Rs.4,995/- as per bill dated 02.04.2016 on 06.04.2016.  Ext.A2 series is a cover and a gift voucher produced and marked in favour of the complainant.  It reveals that 2^nd opposite party the Torra International having its registered office at Door No.VII/262 A, Kokkur.P.O., Changaramkulam, Malappuram, Kerala has sent this Ext.A2 series gift voucher in favour of the complainant, PW1.  He deposed in chief that, “Offer sNbvX gift voucherþ CÃm-¯Xv kw_-Ôn¨v 2þmw opposite party tbmSv complaint sNbvX Ah-k-c-¯n offer sNbvX-Xn\v hncp-²-amb Hcp offer F\n¡v XcpIbpw BbXv Forum ap¼msI lmP-cm-¡p¶p”.  It is deposed that the gift voucher Ext.A2 is against the actual offer and the complainant has not got any benefit from Ext.A2 gift voucher.  The complainant PW1 produced the mobile phone before the Forum on 07.11.2016, the day of ‘chief examination’, we verified the phone and found that it has suffered some defect as deposed by PW1.  After the verification of the mobile phone we returned the mobile phone to the complainant on that day itself.  In the light of the evidence discussed above and the inspection of the phone we could understand that the mobile phone is not functioning properly as offered by the opposite parties. It is also evident to see that the complainant try to rectify the defect of the mobile phone by opposite parties.  Now a days the manufacturers of different goods are highly involved in teleshopping and the innocent person who has seen these kinds of shopping through T.V set with bonafide ordering so many goods and at last they would have been exploited.  These kinds of malafide trades are not justifiable at any cost.  Hence in this case we can come to a conclusion that the opposite parties purposefully cheated or exploited the complainant after receiving the whole value of the goods.  Hence we find that the complaint is allowable and Point Nos.1 and 2 found in favour of the complainant.

          7. In the result, we pass the following orders:

1. The opposite parties 1 and 2 are directed to return the price of the mobile phone Rs.4,995/- (Rupees Four Thousand Nine hundred and ninety five only) to the complainant with an interest of 10% from the date of purchase onwards, i.e. 06.04.2016.

2. The opposite parties are directed to pay a compensation of Rs.5,000/- (Rupees Five Thousand only) and a cost of Rs.2,000/- (Rupees Two Thousand only) to the complainant with 10% interest from the date of order onwards.

         Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 18^th day of November, 2016.

                                                                                   (Sd/-)

                                                     P. Satheesh Chandran Nair,

                                                                                            (President)

Smt. K.P. Padmasree (Member – I)             :   (Sd/-)

Smt. Sheela Jacob (Member- II)                 :   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Anil Kumar. G

Exhibits marked on the side of the complainant:

A1 :  Cash bill dated 02.04.2016 for Rs.4,995/- issued by 2^nd opposite party

        in the name of the complainant. 

A2 series :  Cover and gift voucher coupon. 

A3 : Address of the 1^st opposite party.

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the opposite parties:  Nil.

                                                                                                 (By Order)

Copy to:- (1) Anil Kumar. G, Kunnokkad Veedu, Ayroor South. P.O.,

                   Ayroor Village, Ranny Taluk.                                                               

               (2) Jacob Wilson, Valiyaveettil Veedu, White House,

          Mallappally West, Pin – 689 585, Pathanamthitta.

     (3) Manager, Torra International, Door No.VII/262 A,

          Kokkoor.P.O., Chankaramkulam, Pin – 679 591.

     (4) The Stock File.