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. 244/2005 Filed on 12.07.2005

Dated : 15.12.2010

Complainant:

Ann Minnie Oomen, OIS Paradise, End of Settlement Colony, Manvila, Kulathoor P.O, Thiruvananthapuram.

(By adv. Mahesh Kumar. S)

Opposite parties :

1. G-Way Marketing Pvt. Ltd., (Company represented by its Managing Director, Mr. Radhakrishnan), 1^st Floor, Anjiparambil, Antony Estate, TPN Road, Manorama Junction, Kochi-16.

    

2. Miss. Mini Ambady, Marketing Executive, G-Way Marketing Pvt. Ltd., 1^st Floor, Anjiparambil, Antony Estate, TPN Road, Manorama Junction, Kochi-16.

This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 19.12.2005, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 30.10.2010, the Forum on 15.12.2010 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Brief facts of the case are as follows: The 1^st opposite party is the Managing Director of G-Way Marketing Pvt. Ltd., dealing with household items done through door to door marketing. The 2^nd opposte party is the Marketing Executive of the 1^st opposite party looking after Trivandrum Region. The 2^nd opposite party who was representing the 1^st opposite party had approached the complainant with the brochures of the various products marketed by the 1^st opposite party on 12.04.2004. After perusing the brochures, the complainant on the persuasion of the 2^nd opposite party placed an order for two inverters. The product code No. GHCP -001 with one year warranty. The cost of the inverter per unit was Rs. 5,400/-. The complainant had made payment of Rs. 8,000/- as advance and the balance amount of Rs. 2800/- had to be paid during the course of delivery of the inverters. When the 2^nd opposite party was taking the order for inverters she had given assurance on behalf of the 1^st opposite party that the inverter would be delivered in a week's time. Complainant further submits that the 1^st opposite party after lot of persuasion from the complainant had only given delivery of one inverter and the other inverter is neither delivered till date nor the payment has been given back to the complainant along with interest. Hence this complaint.

Opposite parties in this case remained ex-parte. The complainant has filed proof affidavit and examined her as PW1. Exts. P1 to P6 were marked through PW1.

The points that would arise for consideration are:-

1. Whether there is deficiency in service and unfair trade practice from the side of opposite parties?

2. Whether the complainant is entitled to get the reliefs and costs?

Points (i) & (ii):- As per the assurance given by the opposite parties the complainant had paid an advance amount of Rs. 8,000/- to the 2^nd opposite party for 2 inverters. But the opposite party supplied only one inverter and the other inverter is neither delivered till date nor payment has been refunded to the complainant. The complainant has filed proof affidavit and she has produced 6 documents to prove her case which were marked as Exts. P1 to P6. Ext. P1 is the unclaimed lawyer's notice sent by the complainant to the opposite parties. Ext. P2 is the postal receipt of Ext. P1. Ext. P3 is the brochure of G-Way Marketing Pvt. Ltd. Ext. P4 is the I.D No. issued to the complainant. Ext. P5 is the receipt of the cheque for Rs. 8,000/-. Through these documents and affidavit the complainant has proved her case. Opposite parties never turned up to contest the case. Hence the affidavit filed by the complainant stands unchallenged. From the above mentioned evidences we find that there is unfair trade practice from the side of opposite parties. The aim of the opposite party is surely to exploit the complainant and thereby obtain unlawful gain. Hence the opposite parties are liable to pay compensation also to the complainant. Hence the complaint is allowed.

In the result, opposite parties are directed to refund Rs. 4,000/- with 9% annual interest from 12.04.2004 till date of realization to the complainant. The opposite parties shall also pay Rs. 2,000/- as compensation and Rs. 1,500/- as costs to the complainant. The opposite parties are jointly and severally liable to pay the above said amount. Time for compliance one month from the date of receipt of this order. Thereafter 12% annual interest shall be paid for the entire amount till the date of realization.

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 15^th day of December 2010.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

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C.C. No. 244/2005

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Ann Minnie Oomen

II COMPLAINANT'S DOCUMENTS :

P1 - Advocate notice sent by the complainant to the opposite

parties.

P2 - Postal receipt

P3 - Brochure of G-way Marketing Pvt. Ltd.

P4 - Copy of I.D No. issued to complainant

P5 - Copy of receipt given by 2^nd opposite party on receiving the

cheque for Rs. 8,000/-.

P6 - Copy of cheque dated 12.04.2004

P7 - Copy of State Bank of India mail transfer

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT

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