BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD, THIRUVANANTHAPURAM. PRESENT SRI. G. SIVAPRASAD : PRESIDENT SMT. BEENAKUMARI. A : MEMBER SMT. S.K.SREELA : MEMBER
C.C. No. 291/2009 Filed on 28.10.2009 Dated : 15.01.2010
Complainant:
R. Ayyappan Nair, Puthenveedu, T.P. Road, Adarsh Nagar-35, Pattom, Thiruvananthapuram.
Opposite party:
The Managing Director, Asianet Satellite Communications Ltd., 3rd Floor, Karimpanal Arcade, East Fort, Thiruvananthapuram.
This O.P having been heard on 11.01.2010, the Forum on 15.01.2010 delivered the following: ORDER SMT. S.K.SREELA : MEMBER The case of the complainant is as follows: Complainant had joined the 'Aiswaryam Varavayi' scheme of the opposite party for a period of 5 years by paying an amount of Rs. 12,499/-. Instead of giving Samsung Microwave Oven worth Rs. 5,000/- as a free gift, towards the same a microwave oven worth Rs. 3,990/- only was provided. Though the complainant contacted the opposite party, there was no positive response from their side. Hence this complaint has been necessitated.
Inspite of acceptance of notice from the Forum, opposite party never turned up to contest the case or file their version. Hence opposite party was set exparte.
Evidence of the complainant consists of his affidavit and Exts. P1 to P7. Complainant has not been cross examined and hence his affidavit stands unchallenged.
The issues that would arise for consideration are:- Whether there is any unfair trade practice on the part of the opposite party? Whether there is any deficiency in service on the part of the opposite party? Reliefs and costs.
Points (i) to (iii):- The brochure of the opposite party detailing the 'Aiswaryam Varavayi' scheme has been marked as Ext. P1. As per it, opposite party has offered attractive prizes for those subscribers who remit the subscription amount in one instalment. From Ext.P1 it could be seen that, the Samsung Microwave Oven offered is worth Rs. 5,000/-. According to the complainant, he has been given a Samsung Microwave Oven worth Rs. 3,999/- only. Ext. P4 proves that the complainant has brought the same to the notice of the opposite party and as per Ext. P5, the opposite party has acknowledged the receipt of that letter and has informed the complainant that his complaint has been taken up for suitable response. But the complainant has sworn that the opposite party has not responded positively. Till today no action has been taken by the opposite party. Complainant has not been cross examined and hence his affidavit stands unchallenged. In view of the above, we find that the complainant has succeeded in establishing his complaint. The act of the opposite party in giving a microwave oven which costs lesser amount than the one offered, definitely amounts to unfair trade practice. A senior citizen like the complainant who has been forced to approach this Forum for redressal of his grievance has to be compensated for such unfair trade practice and deficient act of the opposite party.
From the above discussions, we find that the complainant is entitled for a Samsung Microwave Oven worth Rs. 5,000/- as offered as per Ext. P1 and an amount of Rs. 2,000/- towards compensation and Rs. 500/- towards costs of the proceedings from the opposite party.
In the result, the complaint is allowed. Opposite party is hereby directed to give a Samsung Microwave Oven worth Rs. 5,000/- and a compensation of Rs. 2,000/- along with Rs. 500/- towards costs within a period of one month from the date of receipt of the order failing which the entire amount shall carry interest @ 12%. On compliance of the above order, the complainant shall return the microwave oven which is in his possession.
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 Forum, this the 15th day of January 2010.
S.K. SREELA : MEMBER
G. SIVAPRASAD : PRESIDENT
BEENAKUMARI. A : MEMBER
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C.C. No. 291/2009 APPENDIX I COMPLAINANT'S WITNESS : NIL II COMPLAINANT'S DOCUMENTS : P1 - Photocopy of the advertisement P2 - Photocopy of provisional receipt dated 10.07.2009 issued by opposite party. P3 - Photocopy of letter issued by opposite party P4 - Photocopy of letter dated 10.09.2009 issued by complainant. P5 - Photocopy of letter dated 30.09.2009 issued by opposite party. P6 - Photocopy of details of the microwave oven given to the complainant. P7 - Photocopy of price list of microwave oven.
III OPPOSITE PARTY'S WITNESS : NIL IV OPPOSITE PARTY'S DOCUMENTS : NIL
PRESIDENT
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