DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 20th day of March 2024
Filed on: 05.05.2023
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member Smt.Sreevidhia.T.N Member
C.C. No. 285/2023
COMPLAINANT
George Raphael I.V., Illiparambil House, Desabhimani Road, Elamakkara P.O., Kochi-682 026
VS
OPPOSITE PARTY
Jiomart India, 3rd Floor, Court House, Lokamanya Tilak Marg., Dhobi Talao, Mumbai-400 002, Maharashtra.
(Op rep. by Adv.Muhammed Musthafa M.I., Firm JusLex & Associates, B-F6, Mather Square, Opp. North Railway Station, Ernakulam-682 018)
F I N A L O R D E R
V.Ramachandran, Member
The complainant states that he had ordered to purchase two Ceiling fans (Ivory and Brown) on 02.10.2022 through mobile app of Jiomart.as described below:
- BPL BFCB 1205IBV 1200 mm (Ivory Colour) for Rs.999/-
- BPL BFCB 1204BR 1200mm (Brown Colour) for Rs.999/-.
Accordingly, the complainant had paid Rs.1998/- to the opposite parties. The opposite parties delivered the fans to the complainant on 06.10.2022 and both fans were asked to take back by the complainant to the opposite party on 07.10.2022 alleging that both fans are of inferior quality. On 28.10.2022 the opposite party came to the house of the complainant and collected the fans. The complainant states that price of one fan Rs.999/- was credited to the account of the complainant in Jiomart Wallet and the balance amount of 2nd fan Rs.999/- has not been paid by the opposite party yet. Aggrieved by this, the complainant filed this consumer complaint.
2) Notice
The opposite party entered into appearance on notice and filed their belated version. Hence they were set ex-parte.
4) Evidence
The complainant produced Exbts. A1 to A6 which are marked.
Exbt.A1 goes to show that the opposite party had paid an amount of Rs.999/-.to the complainant on 11.04.2022 as is evidenced by Annexure A1 bill issued by Jiomart. Exbt.A2 is a copy of communication between the complainant and the opposite party. Exbt.A3 (page 1 of 2 and 2 of 2) and Exbt.A4 reveals that the complainant had paid an amount of Rs.1998/- to the opposite party. Other evidences are the communication made between the complainant and the opposite party.
5) The following are the main points to be analysed in this case:
- Whether there is any deficiency in service or unfair trade practice from the side of the opposite parties to the complainants?
-
(iii) Costs of the proceedings if any?
6) Point No. (i)
The gist of the complainant is that the complainant had not received an amount of Rs.999/- being the cost of one fan taken back by the opposite party. As per the evidence produced by the complainant it can be seen that the total cost paid by the complainant is Rs.1998/- whereas, the amount received back from the opposite party. Exbt.A2 (page 2 of 2) dated 10.07.2022 is only Rs.999/-. Hence the complainant is eligible to get an amount of Rs.999/- also from the opposite party being the cost of one fan returned out of two and hence point No. (i) is found in favour of the complainant. Since point No. (i) is found in favour of the complainant the following orders are issued.
O R D E R
- The opposite party shall pay an amount of Rs.999/- to the complainant from the date of receipt of copy of this order failing which the above amount shall attract interest @7.25% from the date of receipt of a copy of this order till the date of payment.
- An amount of Rs.2,000/- (Rupees Two thousand only) shall be paid by the opposite party to complainant as compensation.
- The opposite party shall pay an amount of Rs.2,000/- (Rupees two Thousand only) as cost of the proceedings to the complainant
Pronounced in the Open Commission this 20th day of March 2024.
Sd/-
V.Ramachandran, Member
Sd/-
D.B.Binu, President
Sd/-
Sreevidhia.T.N, Member
Forwarded by Order
Assistant Registrar
