BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 17/09/2012
Date of Order : 30/11/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 567/2012
Between
Soby Kuriakose, | :: | Complainant |
S/o. Kuriakose, SNRA 89, Sasthri Nagar, Pettah, Thripunithura, Ernakulam – 682 3043. |
| (By Adv. Sanish. C.R., Lalithamandiram, Pattanakad. P.O., Cherthala, Alappuzha – 688 531) |
And
M/s. G A Sports, | :: | Opposite Party |
White Tower, Opp. ICICI Bank, S. A. Road, Kadavanthra, Cochin – 20, Rep. by its Manager. |
| (Ex-parte) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
On 02-02-2012, the complainant booked an Elliptical Bike (3 in one) with the opposite party and paid Rs. 500/- towards advance. At the time of booking, the opposite party agreed to deliver the bike within a month from the date of booking at a price of Rs. 10,500/- against the normal price of Rs. 12,500/-. The opposite party failed to deliver the bike as agreed. The complainant caused to issue a lawyer notice to the opposite party highlighting his grievances. In the mean time, the complainant was compelled to purchase a very similar product at a price of Rs. 14,500/-. The complainant is entitled to get the excess price he had to expend to purchase another machine refunded from the opposite party together with the advance amount and compensation of Rs. 10,000/- for the mental agony and the loss suffered by the complainant. This complaint hence.
2. In spite of receipt of notice from this Forum, the opposite party did not respond to the same for reasons of their own. Proof affidavit has been filed by the complainant. Exts. A1 to A4 were marked. Heard the learned counsel for the complainant.
3. The points that came up for consideration are as follows :-
Whether the complainant is entitled to get the difference in price which he had to incur and to get refund of Rs. 500/- the advance amount?
Whether the opposite party is liable to pay a compensation of Rs. 10,000/- to the complainant?
4. Point No. i. :- Ext. A1 is the order booking receipt dated 02-02-2012 issued by the opposite party to the complainant. Ext. A1 goes to show that the complainant booked an Elliptical Bike (3-in-one) at a price of Rs. 10,500/- which actually costs Rs. 12,500/- and the complainant paid a sum of Rs. 500/- by way of advance. According to the complainant, the opposite party failed to deliver the machine as agreed. The complainant caused to issue Ext. A2 lawyer notice dated 03-07-2012 to the opposite party to comply with their promise. The same was returned stating that the 'addressee refused' that amounts to acceptance of service in law. The choice of the complainant to purchase another machine as per Ext. A4 is of his own choice which has no nexus as to whether the opposite party failed to deliver or for no reasons explained the complainant went forth to purchase another machine for his own reasons which the opposite party cannot be held responsible and so is not liable whatsoever for the claim of the complainant. However, since the opposite party did not deliver the bike to the complainant as per their promise in Ext. A2, the complainant is entitled to get refund of the advance amount of Rs. 500/- with interest at the rate of 12% p.a. from 02-02-2012 till realisation.
5. Point No. ii. :- As per Ext. A1, the opposite party received a sum of Rs. 500/- towards advance and agreed to deliver the Elliptical Bike within a month in which they failed. The non-delivery of the bike in furtherance of Ext. A1 not only amounts to unfair trade practice, but also to deficiency in service which necessarily calls for compensation. We fix the compensation at Rs. 5,000/-.
6. In the result, we allow the complaint in part and direct as follows :-
The opposite party shall refund Rs. 500/- to the complainant with interest at the rate of 12% p.a. from the date of receipt till realisation.
The opposite party shall also pay Rs. 5,000/- to the complainant towards compensation for the reasons stated above with 12% interest p.a. from the date fixed for compliance of this order till realisation.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 30th day of November 2012.
Sd/-A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Order booking receipt dt. 02-02-2012 |
“ A2 | :: | A Lawyer notice dt. 03-07-2012 |
“ A3 | :: | A returned envelope |
“ A4 | :: | Order form dt. 19-08-2012 |
Opposite party's Exhibits :: Nil
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