Kerala

Thiruvananthapuram

CC/169/2021

Subash A K - Complainant(s)

Versus

Manager, Beauty Times - Opp.Party(s)

27 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

     SRI.P.V.JAYARAJAN    : PRESIDENT

 SMT.PREETHA.G.NAIR : MEMBER

                                     SRI.VIJU.V.R                : MEMBER

                                                       

CC.NO.169/2021 (Filed on : 19/04/2021)

 

ORDER DATED : 27/10/2022

COMPLAINANT

 

Subhash.A.K

Subhash Mandiram,

Thekkummoodu, Vanchiyoor.P.O

Thiruvananthapuram- 695035

 

(Party in person)

VS

OPPOSITE PARTIES

1. CEO, Seiko Watch Indian Private Limited,

874, Temple Vistta, Ground Floor,

Shri Krishna Temple Road Indira Nagar,

1.  

 

2. The Manager,

Beauty Times,

Pulimoodu, M.G.Road,

Thiruvananthapuram - 695001

(Exparte)

ORDER

SRI.VIJU.V.R                 : MEMBER

1.       This complaint is filed under section 35 of Consumer Protection Act 2019.

The brief facts of the case is that the complainant purchased an automatic watch from 2^nd opposite party for an amount of Rs 8,500/- on 29/5/2020. Despite using

the watch as directed by the company the watch stopped running within one month from the date of purchase. The complainant took it to the shop of 2^nd opposite party & after repairing it was returned to the complainant. But after 1 ½ months the watch stopped running again. The complainant again approached the 2^nd opposite party & got it fixed after a month. Again the watch started to show the same problems regarding the time. The complainant again approached 2^nd opposite party & they said that the watch has to be send to the company for repair & there will be a delay of 45 days. The complainant entrusted the watch & guarantee card to the 2^nd opposite party & after 2 months they have returned the watch to the complainant. But the watch was not working properly. The act of opposite parties 1 &2 amounts to deficiency in service, hence this complaint,

 2.      Even though the opposite parties 1 &2 received notice, the opposite parties 1 & 2 did not appear before this commission and hence opposite parties 1& 2 were set exparte.

Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite parties 1 &2?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) and (ii)

The complainant had filed proof affidavit and has produced 4 documents which were marked as Ext. P1 to P4.  It is evident from Ext P1 that the complainant had purchased the watch from 2^nd opposite party. It can also be seen from Exts.P3 & P4 that the complainant has approached the 2^nd opposite party on 6/8/2020 & 15/10/2020 with the complaint of stoppage & slow running of the watch respectively. The opposite parties did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of opposite parties 1 &2. Hence the opposite parties 1 & 2 are jointly and severally liable to compensate the complainant.

        In the result, the complaint is allowed.  The opposite parties 1 &2 are jointly & severally directed to pay Rs 8,500/- to the complainant and can take back the watch & pay Rs 5,000/- as compensation for the mental agony suffered by the complainant and pay Rs.2,500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost will carry an interest  @ 9% per annum from the date of order till realization.

                A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

                 Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 27^th day of October 2022.

                                                                                  Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                              Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                                Sd/-

VIJU.V.R     : MEMBER

 

Be/

APPENDIX

CC.NO.169/2021

List of witness for the complainant

PW1                      - Subhash.A.K

List of Exhibits for the complainant

Ext.P1                   - Copy of cash bill dated 29/05/2020

Ext.P2                   - Copy of guarantee card

Ext.P3                   - Copy of receipt dated 06/08/2020

Ext.P4                   - Copy of receipt dated 15/10/2020

List of witness for the opposite party          – NIL

Exhibits for the opposite party                    - NIL

Court Exhibits                                            - NIL

 

                                                                                                          Sd/-            PRESIDENT