By Sri. A.S. Subhagan, Member:-

            This is a complaint filed under section 35 of the Consumer Protection Act 2019.

            2.  Facts of the case in brief:-  on 24.08.2022 the Complainant decided to purchase 60 numbers of inverter bulbs of 9 watts with guarantee @ Rs.230/- each and 60 numbers of inverter bulbs of 9 watts without guarantee @ Rs.170/- each from the Opposite Party, on the basis of the telephonic conversation between the Complainant and the Opposite Party and order was placed accordingly.  As instructed by the Opposite Party, the Complainant transferred a sum of Rs.24,000/- to the Opposite Party from the account of his friend C. V. Rasheed, through Kerala Gramin Bank, Panamaram Branch.  But the Complainant though consigned 60 numbers of 9 watts DC bulbs, the Opposite Party charged @ Rs.270/- per bulb, in the bill instead of @ of Rs.230/- each.  Moreover the Opposite Party had not consigned the other 60 bulbs having the rate of Rs.170/- per bulb.  The bulbs with guarantee were given to houses, but within a week the bulbs were started to be returned by them with complaints.  Though the Opposite Party had agreed through phone to consign the bulbs, they did not do so.  Now the Opposite Party is not attending calls.  So the Complainant was forced to give bulbs to customers spending his money.  It is noted that the Opposite Party has cheated many others.  Hence, this complaint to (1) get refund of the remitted amount with interest @ 10% (2) get compensation of Rs.2,00,000/- etc.

            3.  Notice was served upon the Opposite Party but he did not appear before the Commission for contesting the case and hence he was set ex-parte.

            4.  The Complainant filed chief affidavit and Exts.A1 to A3 were marked from his side.  Ext.A2 is the Receipt issued by Kerala Gramin bank showing money transfer to Account No.4027100006029 from the Account of Rasheed. C. V, as narrated by the Complainant.  Ext.A3 is the Brochure showing advertisement of inverter bulb of the Opposite Party.  Ext. A1 is the Invoice No.A-188 dated 24.08.2022 issued by the Opposite Party to the Complainant.    The scrutiny of the Exhibit marked as A2 reveals that the Complainant had sent Rs.24,000/- from the Account of Rasheed. C. V to the Opposite Party. Ext.A1 reveals that @ Rs.270/- for 60  bulbs, ie Rs.16,200/- have been charged by the Opposite Party from the Complainant.  The case of the Complainant is that the bulbs supplied with guarantee by the Opposite Party were defective and were returned by the persons to whom they were given.  The invoice is issued in the house address of the Complainant but not in the commercial shop’s address.  Here, the Opposite Party had the right and liberty to appear before the Commission and contest the case to prove that the Complainant is not a consumer as envisaged in the Consumer Protection Act or to establish that the bulbs were having the required quality and were not having any defects.  Therefore, we have no other way than to believe the allegations of the Complainant.  According to the Complainant (1) the products supplied by the Opposite Party were defective (2) the Opposite Party had not supplied him the bulbs for the remaining money (3) the Opposite Party did not take back the defective bulbs (4) the Complainant had to spend more money from his pocket in respect of the defective bulbs (5) charged excessive price for the bulbs with guarantee (charged @ Rs.270/- instead of Rs.230/- as agreed upon) etc.

            5.  As the Opposite Party did not appear and contest the case, from the available records, Commission reach in an inference that the allegations of the Complainant are genuine and with this in view, we find that the Opposite Party has charged excess charges on the bulbs than that was agreed upon; collected more money from the Complainant; did not supply the remaining lot of bulbs without guarantee; did not take back the defective bulbs etc which are deficiency in service/unfair trade practice for which the Opposite Party is liable and responsible to compensate the Complainant.

            In the result, the complaint is partly allowed and the Opposite Party is directed to

1. Refund the cost of defective bulbs supplied or to replace the defective bulbs
2. Refund the balance amount due to the Complainant (Rs.24,000 – 16,200 = Rs.7,800/-) together with interest @ 9% per annum with effect from 23.08.2022
3. Pay Rs.25,000/- (Rupees Twenty Five Thousand Only) as compensation for deficiency in service/unfair trade practice etc.

The above amounts shall be paid by the Complainant within one month from the date of this Order, failing which the amount will carry interest @ 9% per annum till payment.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 6^th day of October 2023.

Date of Filing:-12.12.2022.

PRESIDENT   : Sd/-

MEMBER       : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Irshad. K.                                          Technician.

Witness for the Opposite Party:-

Nil.

Exhibits for the Complainant:-

A1.                  Invoice.                                             Dt:24.08.2022.

A2.                  Copy of Bank Receipt.                   Dt:23.08.2023.

A3.                  Brochure of Opposite Party.

Exhibits for the Opposite Party:-

Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-