By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant noticed particulars of “Manish Refrigeration“ through Indian mart online market and he ordered wall bracket of AC and gas cylinders over telephone. The opposite party company demanded the complainant to pay an advance amount of Rs.11,340/- and he paid the amount through Google pay on 18/02/2022. Subsequently the complainant paid Rs.2,000/- and Rs.5,670/- on 19/02/2022 against the order of 134 gas and wall bracket. But the materials ordered not delivered so far to the complainant. Though complainant tried to contact again the opposite party it was seen blocked the contact. Hence the complainant pray for the compensation of Rs.1,00,000/- and refund of the paid amount.
2. On admission of the complaint notice was issued to the opposite party and the opposite party though not appeared, filed version. Subsequently the complainant filed affidavit and documents. The documents marked on the side of complainant as Ext. A1 to A3. The opposite party did not file affidavit. Hence opposite party set exparte. Ext. A1 is copy of invoice No.648 dated 18/02/2022 for Rs.11,340/-. Ext. A2 is copy of brochure of Manish refrigeration deals in all type AC spares parts. Ext. A3 series is printout revealing the payment of Rs.11,340/- dated 18/02/2022, Rs.2,000/- dated 19/02/2022 and Rs.5,670/- respectively. Since the opposite party did not file affidavit, set exparte. There is no evidence against the affdivit and documents of the complainant. The case of complainant stands proved through the affidavit and documents Ext. A1 to A3. Hence, the commission allowed the complaint as follows: -
- The opposite party is directed to refund the amount of Rs.19,010/- (Rupees Nine thousand and ten only) to the complainant,
- The opposite party is directed to pay Rs. 25,000/- (Rupees twenty-five thousand only) as compensation to the complainant,
- The opposite party directed to pay Rs.5,000/- (Rupees five thousand only) as cost of the proceedings.
The opposite party shall comply this order within one month from the date of receipt copy of this order, failing which the opposite party is liable to pay interest at the rate of 12% per annum for the above said entire amount from the date of filing this complaint.
Dated this 30th day of June , 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: Copy of invoice No.648 dated 18/02/2022 for Rs.11,340/.
Ext.A2: Copy of brochure of Manish refrigeration deals in all type AC spares parts.
Ext A3: Printout revealing the payment of Rs.11,340/- dated 18/02/2022, Rs.2,000/-
dated 19/02/2022 and Rs.5,670/- respectively.
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
