THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C. 27/2018
Dated this the 28th day of December 2018.
(Smt. Rose Jose, B.Sc, LLB. Hon’ble : President)
Sri. Joseph Mathew, MA, LLB : Member
ORDER
Present: Smt.Rose Jose, Hon’ble President:
This petition is filed by the petitioner Under Section 12 of the Consumer Protection Act 1986 for an order directing the opposite party either to replace the defective goods sold to him or to refund its price along with compensation for his sufferings due to the said act of the opposite party and also for cost of the proceedings.
Petitioner’s case is that, he had purchased 17 numbers of sanitary goods from the opposite party’s shop on 14.03.2017. But out of that 3 items viz. Vanity cabinet caballo 0936 black 60 cm Basin, Vanity Cabinet caballo 0936 Black 60cm cabinet, and vanity cabinet caballo 0936 Black 60cm mirror amounting to Rs.11,999/-were defective and found leaking on use. This matter was informed to the opposite party and he agreed to replace the said items also. But even after lapse of days they have not replaced the items as agreed and whenever he contacted the opposite party, he tried to evade from his liability by saying one or other excuses. So he lodged a complaint before the C.I. of police Koduvally. The opposite party assured before the Circle Inspector that, he will replace the defective items immediately and fix the defect free items in the house of the petitioner but till date the opposite party has not done anything as assured. The said act of the opposite party is unfair trade practice and also deficiency in service on his part and this caused much financial loss, mental agony and other hardships to him. Hence this petition seeking reliefs.
The opposite party appeared before the forum but didn’t file version. Hence the opposite party set ex-parte.
The petitioner filed affidavit in lieu of his petition and produced the invoice dated 14.03.2017 to prove the purchase of the disputed items and was marked as Ext.A1. The opposite party didn’t file version challenging the allegations of the petitioner or adduced any evidence to disprove the validity of Ext.A1 invoice. So the case of the petitioner stands unchallenged and proved. Considering the facts of the case and relying on the evidence produced by the petitioner, we are also of the view that, the sale of the defective goods to the petitioner is unfair trade practice and the indifferent attitude of the opposite party in replacing the defective goods even after repeated demands by the petitioner and after police case amounts to deficiency in service on his part.
Hence the following order is passed.
The opposite party is ordered to refund the purchase price of the defective items amounting to Rs.11,999/- to the petitioner along with Rs.2000/- as compensation for his sufferings and Rs.1,000/- as cost of the proceedings, within 15 days from the date of receipt of this order. Failing which, the whole amount will carry 9% interest from the date of default till payment.
Dated this 28th day of December 2018.
Date of filing: 19.01.2018.
SD/-MEMBER SD/-PRESIDENT
APPENDIX
Documents exhibited for the complainant:
A1. Purchase bill dtd.14.03.2017
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
Nil
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
