By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows:-
On 22/03/2021 complainant purchased one Air cooler worth Rs. 4,630/- fromopposite party No.1 shop. But the air cooler got defunct within one month of its purchase and complainant informed above this to the manager of opposite party shop. As per his direction, on 26/04/2021 complainant entrusted the above air cooler for repair to opposite party No.1 shop and after three months they had given the air cooler to complainant after repair. But it again got defunct within two hours of its use. Again complainant informed this to opposite party No.1, but they hesitate to repair the cooler. There after there was no reply from opposite party for the queries of the complainant. Then again complainant contacted opposite party No.1, but there is no reply from opposite party.
2. Complainant purchased this air cooler for escaping from the hot climate. She is not economically well settled position to purchase an air conditioner. Hence she purchased this air cooler. The act of opposite party is a clear deficiency in service and unfair trade practice from their side. Hence this complaint
3. The prayer of the complainant is that, she is entitled to get a full refund of Rs. 4,630/- the cost of the air cooler Rs. 50,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 25000/- cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite party and notice served on them and they did not turn up. Hence opposite party set exparte. Thereafter on 24/01/2022, complainant filed one IA 53/2022 to implead Ninja Constructions Private limited, Jodhpur as second opposite Party and commission allowed that IA. There after notice was issued to opposite party No.2, but notice returned stating that ‘’no such addressee”. Case posted for taking steps, but complainant did not take any steps. Thereafter on 01/02/2023 complainant filed one IA 91/2023 to delete the name of opposite party No.2 from the array of opposite parties. That petition also allowed and on 21/02/2023, deleted the name of opposite party No.2 from the complaint. Then complainant filed affidavit and documents.
5. In order to substantiate the case of the complainant, she filed an affidavit in lieu of Chief examination and the documents she produced were marked as Ext. A1 to A3. Ext.A1 is the bill provided by opposite party No.1 to complainant dated 22/03/2021 (Original).Ext.A2 is the card given to complainant regarding the features and specifications about the Air cooler (Original). Ext.A3 is the copy of delivery receipt given by opposite party No.1 to complainant on 26/04/2021 (Original).
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove her case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party No.1 as alleged in the complaint. Hence we allow this complaint holding that opposite party No.1 is deficient in service.
7. We allow this complaint as follows:-
- The opposite party No.1 is directed to refund Rs. 4,630/-(Rupees Four thousand six hundred and thirty only) the cost of the Air Cooler to the complainant and complainant is directed to return the Air cooler to opposite party No.1 after payment made by opposite party to complainant and opposite party is directed to take the air cooler from complainant’s house .
- The opposite party No.1 is directed to pay compensation of Rs.10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party No.1 and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party No.1 is also directed to pay Rs. 5,000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party No.1 is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 28th day of April , 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A3
Ext.A1 : The bill provided by opposite party No.1 to complainant dated 22/03/2021
(Original).
Ext.A2 : The card given to complainant regarding the features and specifications about
the Air cooler (Original).
Ext A3 : Copy of delivery receipt given by opposite party No.1 to complainant on
26/04/2021 (Original).
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
