DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Thursday the 27th day of October 2022
C.C. 231 / 2022
Complainant
Hariharan. P. S.,
‘Sreenilayam’,
Kanniparamba(p.o.),
Mavoor – 673661.
Ph:- 7356152544.
Opposite Party
The Manager,
Fast track,
NO V/3282A, Holiday City Centre,
Bank Road, Opp.Kurusappally,
Kozhikode – 1,
Ph:- 0495-4017700.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 24/08/2021 the complainant purchased a school bag from the shop of the opposite party paying Rs. 1,625/-. There was warranty for one year. But during the warranty period the bag became defective and damaged as the rexine began to peel off. He approached the opposite party and entrusted the bag and the relevant documents to him who promised to replace the bag within one month and a receipt dated 11/07/2022 was issued. But the replacement was not made stating that the company had stopped production and he was asked to purchase any other item. The said suggestion was not acceptable him as he did not require any other product. The opposite party refused to return the price. Hence the complaint for refund of the price of 1,625/- along with compensation of Rs.10,000/-.
3. In spite of receipt of notice, the opposite party did not appear before this Commission and hence set ex-parte.
- The points that arise for determination in this case are :
- Whether there was any unfair trade practice or deficiency of service on the part of the opposite party?
- Reliefs and costs
- The complainant was examined as PW 1. Ext. A1 was marked.
- Heard.
- Point No.1 – The complainant is seeking refund of the price
of the bag amounting to Rs.1,625/- and compensation of Rs.10,000/- from the opposite party alleging unfair trade practice and deficiency of service. The specific allegation is that the school bag purchased by him became defective and damaged during the warranty period and the opposite party refused to replace the product or return the price.
- The complainant, who was examined as PW1, has deposed
in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the receipt dated 11/07/2022 issued by the opposite party.
- It is averred in the affidavit of PW1 that on 24/08/2021
he had purchased a school bag from the shop of the opposite party paying Rs. 1,625/- and the product was having a warranty of one year. But during the warranty period, the bag became defective and damaged due to peel off of the rexine. Though initially the opposite party had agreed to replace the product, later he changed his stand and asked him to purchase any other item for that amount stating that the production of the product was stopped and he was not ready to refund the price.
- The evidence of PW1 stands unchallenged. The
opposite party has not turned up to give version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the document produced and marked on the side of the complainant. The act of the opposite party in not replacing the defective product or returning the price despite the warranty constitutes unfair trade practice and deficiency of service. The complainant’s case stands proved through the testimony of PW1 and Ext. A1. Unfair trade practice and deficiency of service on the part of the opposite party stands proved. The complainant is entitled to get refund of the price of Rs.1,625/-. The act of the opposite party has resulted in mental agony and hardship 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.1,000/- will be reasonable compensation in this case.
- Point No.2 : In the light of the finding on the above
point, the complaint is disposed of as follows:
- CC 231/2022 is allowed in part.
- The opposite party is hereby directed to refund Rs. 1,625/- (Rupees one thousand and six hundred and twenty five only) to the complainant, being the price of the product.
- The opposite party is directed to pay a sum of Rs.1,000/- (Rupees one thousand only) to the complainant as compensation for the inconvenience and mental agony suffered.
- The order shall be complied with within 30 days of the receipt of copy of this order.
- No order as to costs.
Pronounced in open Commission on this the 27th day of October 2022.
Date of Filing: 03/09/2022.
Sd/- PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Copy of the receipt dated 11/07/2022 issued by opposite
party
Exhibits for the opposite parties
NIL
NIL
Witnesses for the Complainant
PW 1 – Hariharan. P.S.
Witnesses for the opposite parties
NIL
Sd/- PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
Forwarded / By Order
Sd/-
Assistant Registrar
