BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 195/2023 Filed on 24/04/2023

ORDER DATED: 11/01/2024

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:

This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite parties.  After admitting the complaint notice was issued to the opposite party.  The opposite party accepted the notice on 07/06/2023.  Even after accepting the notice, the opposite party failed to appear before this Commission and hence on 24/07/2023 the opposite party was called absent and set ex parte. 

The case of the complainant in short is that on 11/06/2021 the complainant purchased a fridge (LG REF GL-T292SPZX) from the opposite party by paying Rs.27,731+Tax.  After three months from the date of purchase the fridge had some problem and a complaint was registered with the opposite party.  The technical experts from the service center replaced the board and subsequent to that also the problem persisted and according to the complainant within a period of one year the board was replaced twice and inspite of that the problem persisted.  When the board was replaced for the first time the technician promised that if again this problem arises, the fridge itself will be replaced.  But though the complaint with regard to the fridge persisted continuously, the opposite party failed to replace the fridge as promised.  According to the complainant in view of the fact that a brand new fridge purchased by the complainant became defective continuously and the technicians are repeatedly replacing the board more than one time within a short period of one year from the date of purchase, the complainant suspects that the product delivered to the complainant is of a low quality.  Hence alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this Commission for redressing her grievances.          

Evidence in this case consists of PW1 and Exts.P1 to P4 from the side of the complainant.The opposite party being declared ex parte, there is no evidence from the side of the opposite party.

Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice

               on the part of the opposite party?

2. Whether the complainant is entitle to the relief claimed in the
3. Order as to cost?

Heard. Perused affidavit, records and documents.  To substantiate the case of the complainant, the complainant’s daughter who is the authorized person to represent the complainant sworn an affidavit as PW1 and Ext.P1 to P4 marked from the side of the complainant.  Ext.P1 is the tax invoice issued by the opposite party to the complainant while purchasing LG fridge and a dining table.  By producing Ext.P1 the complainant has prove that she has purchased LG fridge from the opposite party by paying Rs.27,735 + tax to the opposite party towards consideration.  Ext.P2 is the OP card issued in favour of the complainant.  Ext.P3 is the death certificate related to the husband of the complainant.  Ext.P4 is the medical certificate issued by the Assistant Professor of department of Radiotherapy, Government Medical College, Thiruvananthapuram stating that the complainant is a cancer patient.  The opposite party not produced any evidence to disprove the allegations raised by the complainant.  In the absence of any contra evidence from the side of the opposite party, the evidence adduced by the complainant stands unchallenged.  As the opposite party failed to adduce any evidence to discredit the evidence adduced by the complainant, we accept the evidence adduced by the complainant.  By swearing an affidavit as PW1             by the daughter of the complainant and by making Ext.P1 to P4, we find that the complainant has succeeded in establishing her case against the opposite party.  In view of the above discussions we find that there is deficiency in service and unfair trade practice on the part of the opposite party.  From the evidence available before this Commission, we find that the complainant has suffered mental agony and financial loss due to the act of the opposite party.  As the financial loss and mental agony to the complainant was caused due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant.  In the above circumstances we find that this is a fit case to be allowed in faovur of the complainant.             

                        In the result the complaint is allowed.  The opposite party is directed to pay a sum of Rs.28,000/- (Rupees Twenty Eight Thousand Only) along with          Rs.10,000/- (Rupees Ten Thousand Only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred only) being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest @  9% per annum from the date of order till the date of remittance/realization.  After complying the order the opposite party can take back the defective fridge from the complainant’s premises.       

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 Court, this the 11^th day of January,  2024.

C.C. No. 195/2023

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

Sd/-

                                                                                                                                   PRESIDENT