Kerala

Idukki

CC/181/2019

Mujeeb Rahman - Complainant(s)

Versus

jaleel - Opp.Party(s)

16 Jan 2020

ORDER

DATE OF FILING : 16/10/2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 16^th day of January 2020

Present :

SMT.ASAMOL P. PRESIDENT-IN -CHARGE

SRI.AMPADY K.S. MEMBER

CC NO. 181/2019

Between

Complainant : Mujeeb Rehman,

Vettukallumkal House,

Vellayamkudy P.O.,

Kattappana – 685 515.

And

Opposite Parties : 1 . Jaleel,

Kandathil House,

Poruvzhy P.O., Kollam – Pin -690 520.

2 . Pavan Appliances,

K.V.Compound, Sewree,

Mumbai-400 015.

 

O R D E R

SRI. AMPADY K.S. (MEMBER)

 

The case of the complainant is that,

 

1 . On 15/03/2019, the first opposite party reached at complainant's residence and introduced that he is selling electronic goods on instalment scheme and the complainant purchased one mixy from him. The first opposite party stated that mixy is having one year guarantee and if any complaint is occurred, it would be replaced and made available warranty card.

 

2 . Above opposite party gave one mobile number 9846906691 to call if any complaint is occurred to the mixy. After few days the mixy was found to be not working. Thereafter complaint was reported on above mobile number and the person attended the phone gave another mobile number 9747149244 and directed the complainant to make call on above number and informed that they will replace the mixy. On dialing this number it was informed that on next day

(Cont....2)

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itself, it would be replaced. But nobody turned up. Thereafter on calling on the above number, it was stated that persons would come today or tomorrow etc., but nobody has come.

 

3 . Subsequently while the complainant called on the above first shown mobile number, it was informed that they were not the persons as thought by the complainant and they have no business transaction in mixy. Thereafter nobody was attending the calls on above number. In order to file case, the complainant verified the warranty card and at the time he understood that name of supplier, distributor or dealer or the address were not shown on it. Name of one company is shown as “Manufactured by”. It is also understood that even though warranty is given, period of validity is not shown thereon.

 

4 . Then, he filed complaint before police station, Kattappana against the first opposite party. Opposite party was called by police and questioned and thereafter agreement was signed by him. Based on this, the first opposite party repaired the mixy for temporary use and stated that new mixy will be supplied immediately. Within a few days, complaint was again occurred to the mixy. Thereafter the first opposite party have not been attending the calls.

 

5 . So, the complainant sought for following reliefs from the opposite parties.

 

1 . Direct the opposite parties to refund price of mixy Rs.3,600/- or to replace the

mixy with new one.

2 . Allow compensation Rs.10,000/- for his mental and economic difficulties.

3 . Allow cost of Rs.2000/- etc.

 

6 . Registered notice was sent to opposite parties. Notice sent to the first opposite party was returned by postal authority with endorsement “unclaimed”. It is seen that notice was given by postal department to the addresee. In these circumstances notice is treated as duly served as per S.28A(2) of CP Act.

 

7 . Notice was also sent to the second opposite party by registered / AD in the address shown in warranty card. But no acknowledgment is seen received. Since it was properly addressed, it is also treated as duly served. When the case was

(Cont....3)

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called on 09/01/2020. Complainant was present. But opposite parties were absent. Hence they were set ex-parte.

 

8 . Complainant produced the following.

 

1 . Copy of warranty card and marked as Ext.P1.

2 . Copy of reply dated 09/08/2019 given to the complainant by first appellate authority, office of the Deputy Superintendent of Police, Kattappana under RTI Act, reply dated 02/07/2019 given by Public Information Officer, Kattappana Police Station, along with copy of petition register page (not legible) of above police station and copy of complaint dated 03/05/2019 filed by the complainant before SHO, Kattappana Police Station, which is marked as Ext.P2 series.

 

9 . The case is posted for orders.

 

10 . We have examined the contentions of the complainant and perused records. It is seen that even though copy of warranty card is produced, relevant invoice or copy thereof is not produced. Besides no details of purchase invoice number, date, price , customer address etc were shown on warranty card. But as per above warranty card, manufacturer agreed to replace the motor free of charge in case it is found to be defective. The first opposite party had adopted deceptive method by not filling the details of customer, invoice number, date etc in warranty card and also not issuing invoice. This is unfair trade practice. Besides, there is deficiency in service on the part of opposite parties. But in the copy of petition register shown above, it is seen that it relates to transaction of vehicle No.37 D-7258.

 

11 . Non appearance of opposite parties leads to the conclusion that they have no dispute with regard to the allegations of the complainant. But in the absence of evidence of consideration paid, we cannot accept the price said to be paid by the complainant to the first opposite party. Considering the facts and circumstances of the case, we fix the price of mixer grinder @ Rs.2500/- (Two Thousand and Five Hundred only) which is found to be fair and reasonable.

 

 

(Cont....4)

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12 . In the result, the complaint is allowed on following terms.

 

1 . The opposite parties shall pay Rs.2500/-(Two Thousand and Five Hundred only) to the complainant towards price of mixer grinder and the first opposite party shall also pay compensation Rs.2000/- (Two Thousand only) and Rs.1000/- (Thousand only) towards costs to the complainant within 30 days of receipt of this order, failing which above amounts will attract interest @ 12% per annum from 15/03/2019 till realization of the above amount.

 

13 . In the result, complaint is partly allowed as above. Order accordingly.

 

Pronounced in the Open Forum on this the 16^th day of January, 2020.

 

Sd/-

SRI.AMPADY K.S., MEMBER

Sd/-

SMT. ASAMOL P. , PRESIDENT -IN -CHARGE

 

 

 

 

 

 

 

 

(Cont....5)

 

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APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of warranty card

Ext.P2 (Series) - Copy of reply dated 09/08/2019 given to the complainant by first

appellate authority, office of the Deputy Superintendent of Police,

Kattappana under RTI Act, reply dated 02/07/2019 given by Public

Information Officer, Kattappana Police Station, along with copy of

petition register page (not legible) of above police station and copy

of complaint dated 03/05/2019 filed by the complainant before

SHO, Kattappana Police Station

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT