DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ERNAKULAM

 Dated this the 29^th day of October 2024

Filed On:- 28.02.2023

PRESENT

Shri. D.B. Binu                                                                               Hon’ble President

Shri. V. Ramachandran                                                                          Hon’ble Member

Smt. Sreevidhia T.N                                                                     Hon’ble Member

CC No. 149 of 2023

COMPLAINANT

Vishnu E S, C/o Sunilkumar E A, Edayath House, Edayapuram, Aluva P.O, 683101 Mob: 8086767653

Vs

OPPOSITE PARTY

M R Care Centre, 1st Floor, Mathew sons Centre Point, Mamangalam, Cochin -25 Kerala, PH: 0484 2345900.

FINAL ORDER

D.B. Binu, President

1. A brief statement of facts of this complaint is as stated below:

The complaint was filed under Section 35 of the Consumer Protection Act, 2019.   The Complainant purchased two ceiling fans of the brand "M.R Light" from Home Plastics and Appliances, located at Aluva Market Road (Opposite Party), on 15.02.2022. Both fans purchased within six months of purchase. The Complainant promptly reached out to the service centre of M.R Light on three occasions, requesting repair or replacement under the product's warranty. Despite repeated efforts, the service provider failed to take any action.

The Complainant also sent the purchase bill and warranty documents to the service provider via WhatsApp, as requested. However, no repair or replacement has been provided, and the two ceiling fans have remained non-functional.

This failure of service has caused significant hardship to the Complainant and his family. The situation is particularly distressing because the Complainant’s grandmother, who suffered a stroke, and his father, who is bedridden following an accident, are both confined to bed. They are suffering immensely due to the high heat, exacerbated by the lack of functioning fans.

The negligent conduct of the Opposite Parties in not honouring their warranty obligations has caused the Complainant and his family severe mental distress. The Complainant alleges that this constitutes a clear deficiency in service, as defined under the Consumer Protection Act, 2019.

The Complainant seeks immediate repair or replacement of the defective fans and claims compensation for the mental agony and inconvenience caused by the Opposite Party's failure to provide proper service. Additionally, the Complainant requests reimbursement of the legal costs incurred in filing this complaint and any other relief that the Commission may deem fit and appropriate.

2. Notice:

The Commission sent notice to the opposite party, which was returned with the endorsement of the postal department as "not known " The complainant was informed to furnish the correct addresses of the opposite party but failed to respond or provide the correct addresses.

3. Evidence

The complainant did not file a proof affidavit but produced two documents along with the complaint before the commission.

4. Points for Consideration:

i) Whether the complaint is maintainable or not?

ii) Whether there is any deficiency in service or unfair trade practice by the opposite parties?

iii) If so, whether the complainant is entitled to any relief?

iv) Costs of the proceedings, if any?

5. Legal Analysis and Observations:

The principle of "Audi Alteram Partem" (hear the other side) mandates that each party be given a fair opportunity to present their case. In this context, the Commission's request for the correct addresses of the opposite party aligns with the principles of natural justice, ensuring that the opposite party is properly notified and given a chance to present their side.

6. Deficiency in Service and Negligence:

Section 2(11) of the Consumer Protection Act, 2019 defines "deficiency" as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance that is required to be maintained by or under any law for the time being in force.

However, the continuous absence of the complainant and failure to submit the correct addresses of the opposite party indicates a lack of interest in pursuing the case. The complainant's absence from 04.05.2023 to 25.10.2024, and repeated failure to attend subsequent hearings, further supports this observation.

Consequently, the commission directed the registry to inform the complainant on November 10, 2023, to appear and submit the correct addresses of the opposite party. The registry contacted the complainant by phone regarding the required appearance and further steps. However, due to the complainant's ongoing absence and failure to provide the correct addresses of the opposite party.

Conclusion:

In view of the continuous absence of the complainant and the failure to submit the correct addresses of the opposite party, it is evident that the complainant has shown a lack of interest in pursuing the case. Despite multiple opportunities, the complainant has neither provided the necessary correct addresses of the opposite party nor made further appearances to take alternative steps before the Commission, showing a lack of interest in advancing the case.  We have decided not in favour of the complainant on all the issues mentioned above.

ORDER:

Consequently, this complaint is hereby dismissed due to the complainant's non-compliance. No cost.

Dated this the 29^th  day of October 2024

Sd/-

D.B. Binu, President

Sd/-

V. Ramachandran, Member

Sd/-

Sreevidhia T.N, Member

Forwarded/By Order,

                                                                            Assistant Registrar

APPENDIX

Complainant’s Evidence

NIL

Opposite Parties’ Evidence

NIL

Date of Despatch

By Hand       ::

By post         ::

AKR/

Order in CC No. 149/2023

Date: 29/10/2024