Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
15th day of December 2022
CC 578/18 filed on 17/11/18
Complainant: Lakshmi Devi, Cheroolil House,
P.O.Puthenchira North, Thrissur- 680 682.
(In Person)
Opposite Parties: 1. Lakshmi Enterprises, Plot No.169,
Dewat Colony, Bhimchok,
Gurgaon- 122 001.
2. E Kart Logistics, Instakart services Pvt. Ltd,
SH 61, Pullur, Irinjalakuda, Thrissur- 680 683.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) The complainant purchased a Laptop Battery for Rs.2264/- manufactured by 1st opposite party through 2nd opposite party online store. The battery delivered was not the one ordered with and so the complainant asked to take back the battery and to pay back its money. The model and serial numbers are also wrong. The act of the opposite parties amount to deficiency in service causing loss and agony to the complaint. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which she has affirmed and explained all the averments stated in the complaint in detail. She produced one document which is marked as Ext.A1. Ext. A1 is invoice dated 19/10/2018 amounted Rs.2264/-. The complainant produced the original batteries, which are marked as MO1 and MO2 respectively.
4) We have gone through the pleadings and documents produced by the complainant, Ext.A1 prove purchase of battery. MO1 and MO2 produced by the complainant. These MOs serial numbers are different. Complainant established his case. Since there is no contra evidence available before us, we are inclined to allow this complaint.
In the result complaint allowed and hereby direct the opposite parties to pay Rs.2,264/- (Rupees Two thousand two hundred and sixty four only) with 12% interest from the date of purchase till realization and also directed to pay Rs.15,000/-(Rupees Fifteen thousand only) as compensation and Rs.3,000/- (Rupees Three thousand only) as cost to the complainant within one month from the date of receipt of copy of this order. Failing in which the cost and compensation carry 9% interest from the date of the order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of December 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 is invoice dated 19/10/2018 amounted Rs.2264/-.
MO1 & MO 2 : Original batteries (2 Nos.)
Id/-
Member
