Kerala

Thiruvananthapuram

CC/117/2023

Vijayakumar K - Complainant(s)

Versus

Manager,Jio mart - Opp.Party(s)

24 Nov 2023

ORDER

BEFORE THE 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.117/2023 (Filed on : 14/03/2023)

ORDER DATED : 24/11/2023

COMPLAINANT

Vijayakumar.K

Sree visakh, Chittoor,

Pappanamcode,

Thiruvananthapuram

Pin – 695018

(Party in person)

                                                                             VS

OPPOSITE PARTY

The Manager,

Jiomart,

Reliance Retail Limited,

Oorakadu Malayidomthuruth,

Kochi – 683575

(Exparte)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint notice was issued to the opposite party. The notice issued from this office was accepted by the opposite party on 04/07/2023. After accepting the notice the opposite party failed to appear before this commission and hence on 18/08/2023, the opposite party was called absent and set exparte. The case of the complainant in short is that he purchased a ceiling fan from the opposite party through online by paying Rs.1000/- (Rupees one thousand only). After one month from the date of purchase, the fan became defective and inspite of repeatedly contacting the opposite party, the opposite party failed to refund the amount by taking back the ceiling fan purchased by the complainant. According to the complainant the act of the opposite party amounts to deficiency in service and unfair trade practice and hence approached this commission for redressing his grievances.

3.       The evidence in this case consists of PW1 and Exts.P1 & P2. The opposite party being declared exparte, there is no evidence from the side of the opposite party.

4.   The issues to be considered in this case

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order  as to cost.

5. Heard. Perused affidavit and records. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 & P2 were marked. Ext.P1 is the invoice for Rs.1000/- (Rupees one thousand only) issued by the opposite party to the complainant at the time of purchase of the ceiling fan. Ext.P2 is the image of the product. The opposite party being declared exparte, there is no contra evidence from the side of the opposite party. Hence the evidence adduced by the complainant stands unchallenged. In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant. Ext.P1 proves that the complainant has purchased ceiling fan from the opposite party by paying Rs.1000/- (Rupees one thousand only). By filing an affidavit as PW1 and by  marking Exts.P1 & P2 documents, we find that the complainant has succeeded in establishing his case against the opposite party. In view of the above discussions and in the absence of any contra evidence from the side of the opposite party, we find that this is a fit case to be allowed in favour of the complainant.

                 In the result, the complaint is allowed. The opposite party is directed to refund of Rs.1000/- (Rupees one thousand only) with 6% interest from 31/12/2022 along with Rs.5000/- (Rupees two thousand only) as compensation and Rs.2000/- (Rupees five thousand only) towards the cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount expect cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance or realization. After complying the order the opposite party is at liberty to take back the ceiling fan from the complainant.

            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 24^th day of November 2023.

                                                                               Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                         Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

be/

APPENDIX

CC.NO.117/2023

List of witness for the complainant

PW1                      - Vijayakumar.K

List of Exhibits for the complainant

Ext.P1                   - Copy of invoice bill for Rs.1000/-

Ext.P2                   - Cop of image of the product

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                            - NIL

 

                                                                                             Sd/-

                                                                                      PRESIDENT