O R D E R

Sri.NishadThankappan (Member II):

                        The complainant has filed this petition u/s 35 of the Consumer Protection act 2019for getting a relief from the opposite party. 

          2. Smt. JesnaMerin Jacob filed this complaint before the commission seeking an appropriate order. The case of the complainant is that:

3.  On 01/05/2020 the complainant saw an advertisement posted on face book by the opposite party and she bought a puppy from his shop.  The shop named Mickey pets and Accessories. The 2^nd opposite party Mr. Alex Mathew offered home delivery due to the lockdown time.  The puppy was delivered to the petitioner’shome on the afternoon of May 1^st and bill of Rs. 12,165/- was paid by the complainant through google pay. The pug puppy was 41 days old.  After sometime the complainant noticed that puppy had runny nose and shivering at the same time she called the 2^nd opposite party and told about the puppy’s issue. The 2^nd opposite party said that the puppies of the pug bread may have these symptoms and that it may be caused by worms.  The complainant looked after the puppy for three days but did not recover. 

4. When the puppy was shown to the doctor on May 4^th the doctor said that it was a viral infection and may have been infected from the parent dog.  The puppy was treated in later days but died on May 7^th.  This information was passed to Mr. Alex, the 2^nd opposite party and the complainant demanded a refund of the money paid by her for the purchase of the dog.  Later the opposite party did not respond to the phone calls of the complainant.

5.  The complainant send messages to his number, but opposite party did not replay.  At the time of purchase the opposite party promised that the puppy is an original bread and of good quality.  But the opposite parties intentionally ignore the said promise.  The complainant suffered much hardship loss and mental agony on the deficiency in service and unfair trade practice from the opposite parties.  Hence the complaint.

6.  Notice were issued to the opposite parties.  But they were not turned up before the commission.  Hence this commission declared the opposite parties set ex-parte.

7. Complainant has filed proof affidavit in support of the complaint.  Complainant has produced documents in evidence, marked the same as exhibit A1 and A2.  The point arose for consideration is:

1). Whether there is any deficiency in service from the part of

opposite parties?

2). Regarding the compensation and cost.

8. An overall reading to the entire facts and circumstances of this case.  We are of the strong view that the complainant’s allegations are to be treated as reasonable one.  All the issues are found in favour of the complainant.

9. Hence the petition is allowed.  The opposite party is directed to pay the bill amount of Rs. 12,165/-(Rupees Twelve thousand One Hundred and Sixty Five only)to the complainant.  Considering the entire fact of this case opposite parties shall pay Rs. 2,000/- (Rupees Two Thousand only) as treatment expenses to the complainant and Rs. 5,000/- (Rupees Five Thousand only) for the compensation and cost of the proceedings to the complainant.  We direct the opposite parties to pay the said amount within 30 days from the date of receipt of the order.  Failing which the amount shall carry 10% interest per annum from the date of till its realization. 

     Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 29t^hday of January, 2021.

                                                                                             (Sd/-)

                                                                                NishadThankappan

                                                                                            (Member-II)

Sri.George Baby(President)              :          (Sd/-)

Smt. N. ShajithaBeevi (Member-I)   :          (Sd/-)

                                                      Appendix:

Witness examined on the side of the complainant:

PW1:Jesna

Exhibits marked on the side of the complainant:

A1: copy of the bill in 01/05/2020 from the opposite party.

A2: copy of the medical certificate.

Witness examined on the side of the opposite parties:Nil

Exhibits marked on the side of the opposite parties: Nil

Copy to:- (1) JesnaMerin Jacob,

                    Thevalappily House,

                   Chalakkudy.

                       (2) Mickey Pets & Accessories,

                           Anappara, Pathanamthitta.

                        (3) Alex Mathew,

                              Mickey Pets & Accessories,

                            Anappara, Pathanamthitta.

                           (4) The Stock File.