Kerala

Kollam

CC/07/117

A.K.Philips, Aluvilayil Veedu, Kadapuzha - Complainant(s)

Versus

Key Centre, Udayagiri Canara Bank Building - Opp.Party(s)

30 Aug 2008

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/07/117

A.K.Philips, Aluvilayil Veedu, Kadapuzha
...........Appellant(s)

Vs.

Key Centre, Udayagiri Canara Bank Building
Kerala Rubber Products, 32/2583 Calicut Times Complex
...........Respondent(s)


BEFORE:
1. K. VIJAYAKUMARAN : President 2. RAVI SUSHA : Member 3. VIJYAKUMAR. R : Member

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By R. VIJAYAKUMAR, MEMBER. The complaint is filed to recover the excess amount of Rs.2486/- extracted by opposite party and for getting guarantee card, warranty paper, VAT bill and Lucky coupons and for compensation and cost. The avernments in the complaint can be briefly summarized as follows: The Complainant purchased a Premier Magic Cook hot plate from the business Concern of opposite party. The computer copy invoice was issued as cash Bill vide No. 3151 dated 08/03/07 on behalf of opposite party. The free items contained in the II and III Kit were charged and I opposite party convinced the Complainant that those items were not free of cost. Believing that the Complainant had paid Rs.2,160/- for Kit number 2 and 326 for Kit number 3. Actually as per the offer in the Broucher kit number 2 and 3 were free items. Opposite parties have over charged Rs.2,486/-. After the purchase, on enquiry the Complainant could understand that he was cheated. There by OP1 and 2 got undue benefit of Rs.2,486/- OP1 had not issued warranty paper, guaranty card, VAT bill and Lucky Coupon. The Complainant approached I opposite party but did not issue till now. The act of opposite parties amounts to unfair trade practice and deficiency in service. Hence the complaint is filed for getting relief. The opposite parties remained absent. Hence they were set exparte. The points that would arise for consideration are: 1.Whether there is any deficiency in service on the part of opposite party 2.Compensation and cost. Points (I) and ( II) The Complainant filed affidavit. Exhibits P1 to P4 were marked. PW1 was examined. As the opposite parties remained absent we are constrained to relay upon the evidence adduced by the Complainant. The complaint could prove his case through complaint, affidavit and exhibits. We have perused the documents submitted as evidence, of complainant Exhibit P3 the alleged Broucher shows that item in Kit No:2 and 3 were offered as free items for the I thousand purchases. We are of the view that there is deficiency in service unfair trade practice on the part of opposite party. In the result, the complaint is allowed. The opposite parties are directed to pay the complaint Rs.2,486/- and to issue Guarantee paper, warranty card, VAT Bill and Lucky Coupon. The opposite party are also directed to pay Rs.2,000/- towards compensation and Rs.1,500/- as cost. The order is to be complied with within one month of the date of receipt of this order. INDEX List of witness for the complainant PW1 : A.K.Philips Ext. P1: Order from11.02.2007 Ext. P2 : Retail Invoice Ext. P3: Palm let.




......................K. VIJAYAKUMARAN : President
......................RAVI SUSHA : Member
......................VIJYAKUMAR. R : Member