DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday the 16th day of June 2023
CC No. 371/2018
Complainant
P.M.Venugopalan,
Padinhare Moolangot House,
Chathamangalam(P.O),
NIT (Via), Kozhikode-673 601.
(By.Adv.Sri. A.K Umesh kumar)
Opposite Party
1. M/s Alfa Medicals & Surgicals,
Room No.18, Corporation Building,
Medical College (PO),
Kozhikode-673 008.
2. M/s.MAMTA Hygine Products Pvt Ltd,
Industrial Area, Gulabpura, Rajasthan – 311 021.
(Rep.by it’s Director Samdesh Rathi)
3. Queens Pharma,
Pharmaceuitcal Distributors,
18/555. Z.C Road,
Calicut -2.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
2. The case of the complainant, in brief, is as follows:
The first opposite party is the dealer, the second opposite party is the manufacturer and the third opposite party is the distributor of hot water bag by name ‘Kavach’. On 27-07-2018 the complainant purchased a ‘Kavach’ hot water bag from the first opposite party paying Rs.245/-. The date of manufacture printed on the packing was September 2016.
3. The complainant filled hot water in the bag and started to foment his upper neck and back side, with the help of his wife. While his wife was pressing the bag on the pain affected upper neck, the water bag suddenly ruptured and its neck parted away from the bag and the hot water poured on his lower back causing severe burn injuries on the entire area. He was immediately rushed to the hospital and availed proper treatment. He has sustained 1st degree 10% superficial burns. Nearly one month time was taken for healing.
4. The complainant contacted the first opposite party, but they expressed their inability to give any compensation and advised to contact the second opposite party. Thereafter the complainant issued a letter to the second opposite party to take necessary steps to redress his grievance, but there was no response.
5. The complainant has suffered a lot because of the low quality of product manufactured by the second opposite party and sold by the first opposite party. The act of the opposite parties amounts to deficient service and unfair trade practice. The opposite parties are bound to compensate the complainant adequately for the mental and physical agony suffered by him on account of the unfair trade practice and deficient service on their part. Hence the complaint for refund of the price of the hot water bag amounting to Rs.245/- along with compensation of Rs.1,00,000/-
6. The first and third opposite parties have resisted the complaint by filing written version. The second opposite party was set ex-parte.
7. The sale of the ‘Kavach’ hot water bag is admitted by the first opposite party. According to them, they have explained the precautions to the complainant before sale. The product is manufactured by the second opposite party. However, they had informed their willingness to the complainant to replace the product.
8. The third opposite party has also taken the stand that on getting information from the first opposite party, they had agreed to replace the product with a new one or to refund the price. The precautions are clearly stated on the product by the second opposite party, who is the manufacturer.
9. The points that arise for determination in this complaint are;
(1). Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties?
(2). Reliefs and costs.
10. Evidence in this case consists of the oral evidence of PW1 and Exts. A1 to A6 on the side of the complainant. At the time of evidence, the first and third opposite parties remained absent.
11. Heard.
12. Point No.1: The complainant has approached this Commission alleging unfair trade practice and deficiency of the service on the part of the opposite parties. The specific allegation is that the hot water bag manufactured by the second opposite party, distributed by the 3rd opposite party and sold by the first opposite party to the complainant ruptured during use and its neck parted away from the bag, as a result of which, the hot water poured on his body causing burn injuries. According to the complainant, he had to suffer mental agony and hardship in addition to monetary loss. He has also a grievance that no positive action was taken by the opposite parties to redress his grievance. The prayer is for refund of the price of the hot water bag and also compensation.
13. PW1 is none other than the complainant, who has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim. Ext. A1 is the cash bill dated 27-07-2018 issued by the first opposite party, Ext. A2 is the OP ticket of KMCT Medical college, Mukkam, Ext. A3 is the copy of the letter dated 10-08-2018 issued to the second opposite party, Exts. A4 and A5 are the medical bills and Ext.A6 series are the photographs.
14. PW1 was not cross examined and his evidence stands unchallenged. No contra evidence is let in by the opposite parties. The second opposite party has chosen to remain absent and did not participate in the proceedings. Though the first and third opposite parties filed written version, they also remained absent at the time of evidence and did not cross examine PW1. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. Ext.A6 series photographs are in respect of the ruptured hot water bag and the burn injuries sustained by the complainant. Ext.A6 series also lend support to the case of the complainant.
15. The case of the complainant stands proved through the testimony of PW1 and Exts.A1 to A6 documents. It is proved that the product sold to the complainant was a defective one and there was neglect on the part of the opposite parties to redress the grievance of the complainant. The act of the opposite parties amounts to unfair trade practice and deficiency of service. The complainant is entitled to get refund of the price of the hot water bag. Due to the unfair trade practice and deficiency of service on the part of the opposite parties, intense mental agony and physical discomfort was caused to the complainant, in addition to monetary loss. Ext A2 reveals that 1st degree 10% superficial burns were sustained by the complainant in the incident, for which, he had to take treatment. Exts.A4 and A5 are the medical bills totalling to Rs. 365/- . The opposite parties are bound to compensate the complainant adequately for the mental and physical agony and monetary loss suffered by him. Considering the entire facts and circumstances, we are of the view that a sum of Rs.35,000/- will be reasonable compensation in this case. The complainant is also entitled to get Rs.4,000/- as cost of the proceedings. The opposite parties are jointly and severally liable.
16. Point No. 2 : In the light of the finding on the above point, the complaint is disposed as follows;
a) CC No.371/2018 is allowed in part.
b) The opposite parties are hereby directed to refund Rs. 245/- (Rupees two hundred and forty five only) to the complainant, being the price of the hot water bag.
c) The opposite parties are directed to pay a sum of Rs. 35,000/- (Rupees Thirty Five Thousand only) to the complainant as compensation for the mental and physical agony and monetary loss suffered by the complainant.
d) The opposite parties are directed to pay a sum of Rs. 4,000/- (Rupees four thousand only) as cost of the proceedings to the complainant.
e) The order shall be complied with within 30 days of the receipt of copy of this order.
Pronounced in open Commission on this, the 16thday of June, 2023.
Date of Filing: 27-12-2018.
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PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 - Cash bill dated 27-07-2018 issued by the first opposite party.
Ext. A2 - OP ticket of KMCT Medical college, Mukkam.
Ext. A3 - Copy of the letter dated 10-08-2018 issued to the second opposite party.
Exts. A4 and A5 - Medical bills.
Ext.A6 - series are the photographs.
Exhibits for the Opposite Party
Nil
Witnesses for the Complainant
PW1 - P.M.Venugopalan
Witnesses for the opposite parties
Nil
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PRESIDENT MEMBER MEMBER
True Copy
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Assistant Registrar
