DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Friday the 26^th day of July 2024

CC.412/2019

Complainant

Basheer. T.P,

Thayyil Purayil, Opp. Govt. Law College,

P.O. Marikunnu,

Kozhikode -6 73 012.

Opposite Parties

1.                 LALSONS,

10/376, GH Road,

Calicut – 673 001.

2.                AL MONARD Pvt Ltd,

Head Office 305 Kakad Chembers,

                        3^rd floor, 132 Dr. Annie Basant Road,

Vorli, Mumbai – 400018.

(OP2- By Adv. Sri. Umesh Kumar. A. K and Smt. Aswathi Jayakaran)

                                                                          ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT                

            This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

2.  The case of the complainant, in brief, is as follows:

         On 31/07/2019 the complainant purchased a high speed AL MONARD fan (18 inch) from the first opposite party paying Rs.  2,600/-. After reaching home, the complainant realised that it was not a high speed fan. He contacted the first opposite party who admitted the mistake and offered to replace the same with high speed fan of 18 inches. Accordingly, the fan was returned to the first opposite party on 01/08/2019, who had assured to supply the new fan within one week. But the first opposite party did not act as promised and the fan is not supplied so far. Now the first opposite party is saying that they have stopped sale of the said fan. Hence the complaint for refund of Rs. 2,600/-, being the price of the fan, along with compensation of Rs. 10,000/-.

3. The first opposite party in the written version filed has admitted the allegations and also the fact that mistake had occurred on their part. It is also admitted that the fan was returned by the complainant on 01/08/2019. The complainant was informed that the supply would be delayed since there was short supply from the manufacturer, to which, he had agreed. If the complainant had requested for a refund, they could have settled the matter on the same day itself. They are ready to supply and fix the fan at the residence of the complainant and all the transporting and labour expenses would be met by them. If the complainant has already bought a new fan, they are ready to refund the amount as per the invoice.
4. The second opposite party, in their written version, has admitted that the first opposite party was their dealer when the alleged purchase was done by the complainant. According to the second opposite party, it is the responsibility of the first opposite party to sell the fan in terms of the order placed by the purchaser. It was the liability of the first opposite party to take back the ordinary fan and replace it by a high speed fan. The second opposite party is not aware of anything about the transaction and they were not informed of the alleged incident. There is no allegation or claim against the second opposite party. The first opposite party alone is liable to redress the grievance of the complainant. With the above contentions, the second opposite party prays for dismissal of the complaint as against them.       
5. The points that arise for determination in this complaint are;

1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties, as alleged?

      2. Reliefs and costs.

6. The evidence consists of the oral evidence of PW1 and Ext A1 on the side of the complainant. No evidence was let in by the opposite parties.
7. Heard.
8. Point No 1:   The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite parties. The specific allegation is that the AL MONARD fan sold to him by the first opposite party was not the one ordered by him and the first opposite party though had received back the fan promising to replace the same, has not done so so far. The prayer is for refund of the price of the fan amounting to Rs. 2,600/- along with compensation of Rs. 10,000/- for the mental agony and inconvenience suffered.
9. In order to substantiate his case, the complainant got himself examined as PW1, who has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the invoice dated 31/07/2019.
10. Going by the version of the first opposite party, it can be seen that they have admitted the mistake and have expressed their readiness and willingness to supply the fan or to refund the price. It is also admitted by the first opposite party that fan earlier supplied to the complainant was returned to them on 01/08/2019 and this has been endorsed on the reverse side of Ext A1.
11. From the evidence in hand coupled with the admission of the first opposite party, it is crystal clear that there was unfair trade practice and deficiency of service on the part of the first opposite party. The act of the first opposite party in supplying a different product than what was ordered and their further neglect to replace the product with a correct one even after receiving back the sold product is nothing but deficient service and it also amounts to unfair trade and business practice.  There is no satisfactory explanation offered by the first opposite party for not redressing the grievance of the complainant so far. Undoubtedly, the act of the first opposite party has resulted in gross mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this regard. So the complainant is entitled to realise from the first opposite party an amount of Rs. 2,600/-, being the price of the fan and Rs. 5,000/- as compensation for the mental agony and hardship suffered. He is also entitled to get Rs. 3,000/- as cost of the proceedings.
12. There is no allegation against the second opposite party and no relief is claimed against them in the complaint. PW1 has admitted while in the box that he has no grievance against the second opposite party. So the second opposite party is entitled to be exonerated.             
13. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.412/2019 is allowed in part.

b) The first opposite party is hereby directed to refund Rs. 2,600/- (Rupees two thousand six hundred only) to the complainant with interest @ 9% per annum from the date of complaint ie, 18/012/2019 till actual payment.

c)  The first opposite party is directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant for the mental agony and hardship suffered.

d) The first opposite party is directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant.

e) The order shall be complied with within 30 days of the receipt of copy of this order.

f) The second opposite party is exonerated. 

Pronounced in open Commission on this, the 26^th day of July, 2024.

Date of Filing: 18/012/2019

                       Sd/-                                                                                                Sd/-

                 PRESIDENT                                                                                   MEMBER                                      

APPENDIX

Exhibits for the Complainant :

Ext A1 – Invoice dated 31/07/2019.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -   Basheer. T.P  (Complainant).

Witnesses for the opposite party

NIL

                       Sd/-                                                                                                Sd/-

                 PRESIDENT                                                                                   MEMBER                                      

          True Copy,      

                                                                                                               Sd/-

                                                                                                   Assistant Registrar.