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. 161/2023 Filed on 30/03/2023

ORDER DATED: 22/01/2024

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. 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:

2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service and unfair trade practice on the part of the opposite party.  After admitting the complaint notice was issued to the opposite party.  The opposite party accepted the notice on 16/06/2022.  After accepting the notice the opposite party failed to appear before this Commission and hence on 31/07/2023 the opposite party was called absent and set ex parte. 

 3. The case of the complainant in short is that attracted by the advertisement published by the opposite party, the complainant approached the opposite party to purchase four wardrobes from the opposite party.  Before purchasing the same the opposite party explained the details of the product and assured that the said wardrobes is made of chemicalised wood and offered 2 years guarantee and 20 years warrant for the said products.  In pursuant to that the complainant placed order for four wardrobes for a total consideration of Rs.88,000/-.  The complainant further submitted that complainant has paid Rs.50,000/- as advance amount to the opposite party and agreed to pay the remaining amount at the time of home delivery of the said articles.  Accordingly the complainant paid the remaining balance amount on the date of delivery of the product i.e., on 09/10/2021.  According to the complainant after few days wood borer insects were found inside the wardrobes and subsequently the number of insects were increased day by day and inspite of every effort to destroy the insects were turned futile and damages were caused to the cloths and other materials kept inside the wardrobes.  All these developments were within one month from the date of purchase.  The complainant further submits that he has informed this issue to the opposite party and the opposite party promised that they will take back all the wardrobes which are having complainant’s and offered that the opposite party shall return the purchase money on the very same day of taking back the wardrobes from the residential premises of the complainant.  After continuous requests and demands made by the complainant the opposite party took all the 4 wardrobes to their shop in a goods carriage vehicle.  At the time of taking back the wardrobes the opposite party agreed that they will refund the amount within one week.  The complainant on several occasions went to the office of the opposite party and demanded the amount of wardrobes from the opposite party.  As the opposite party failed to repay the amount as promised, the complainant alleges deficiency in service and unfair trade practice on the part of the opposite party.  The complainant also sent a legal notice to the opposite party claiming refund of the amount along with the compensation.  After accepting the notice the opposite party not even cared to send a reply to the complainant.  Hence the complainant approached this Commission for redressing his grievances.

4. Evidence in this case consists of PW1 and Ext.A1 to A4 from the side of the complainant.The opposite party being declared ex parte, there is no affidavit or documents from the side of the opposite party.

5. 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.  
4. Order as to cost?

6. Heard.  Perused affidavit, documents and records.  To substantiate the case of the complainant, the complainant sworn an affidavit as PW1 and Ext.A1 to A4 were produced and marked.  Ext.A1 is the copy of the legal notice issued on behalf of the complainant to the opposite party.  Ext.A2 is the invoice dated 09/10/2021 for Rs.88,000/- issued by the opposite party to the complainant..  Ext.P3 is the postal acknowledgment singed by the opposite party.  Ext.P4 is the postal receipt.  There is no contra evidence from the side of the opposite party.  Hence the evidence adduced by the complainant stands unchallenged.  By swearing an affidavit as PW1 and by marking Ext.A1 to A4 documents, we find that the complainant has succeeded in establishing his case against the opposite party.  In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant.  From the available evidence before this Commission, we find that there is unfair trade practice and deficiency in service on the part of the opposite party.  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 refund Rs.88,000/- (Rupees Eighty Eight Thousand Only) with 6% interest from 06/12/2021 along with Rs.25,000/- (Rupees Twenty Five Thousand Only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred Only) towards 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 interest @9% per annum from the date of order till the date of realization/remittance. 

    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 22^th day of January,  2024.

C.C. No. 161/2023

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

        Sd/-

PRESIDENT