SMT.MOLYKUTTY MATHEW : MEMBER

       This is  a  complaint filed by the complainant under sec.12 of the Consumer Protection Act 2019 , for an order directing the opposite parties  to pay the amount of Rs.40,389.79 and 12% interest   along with compensation and cost for the deficiency of service on their part.

  The case of the complainant in brief

    The complainant is the owner and proprietor of M/s Digital Galleria for dealing electronics and other equipments retail sales.  On 3/5/2018 the complainant has purchased “electronics items total worth Rs.1,71,893/- from 2^nd OP vide invoice No.VK/296/18-19.  All the items were transported by 2^nd OP to the complainant’s go down.  Among  the said items there are 2 Godrej Refrigerator with model No. Godrej RTEON 260 P24260LS Stroke FFREF total worth Rs.40,389.79.  Then the said  2 fridges were safely stocked in his go down among  with other items for sale.  In the month of May 2019 in order to deliver the said 2 fridges to the customer and when the complainant checked the same  by removing the pack it is found that  body of 2 fridges were damaged.  On the same day the complainant informed the matter to 2^nd OP and 2^nd OP directed to the complainant  to prefer the complaint to 1^st OP.  Accordingly on 30/5/2019 the complainant reported a  complaint to 1^st OP as complaint No.729560.  After repeated reminder on the side of complainant on 2/11/2019 the  2^nd  OP has taken back the 2 refrigerator and on 15/11/2019 returned  the same without curing  the damage.  Then the complainant send a registered lawyer notice dtd.12/12/2019 to the Ops bound to take back the fridge and to repay the amount of Rs.40,389.79 to the complainant.  But both Ops received the notice and not returned the amount to  complainant. So there is deficiency of  service  and unfair trade  practice on the part of OPs.  Hence the complaint.

   After filing the complaint, notice  was issued to opposite parties.  Both OPs  received the notice and not appeared before the commission and  not filed version. The  commission had to hold that the OPs have no version as such this case came to be proceed against the OPs as exparte.

    Even though the opposite parties  have remained ex-parte, it is for the complainant to establish the allegation made by him against the  opposite parties  Hence the  complainant was called upon to produce evidence in the form of  affidavit and  documents.   Accordingly the complainant has  chosen to  produce his affidavit along with 6  documents marking them Ext.A1 to A6 and complainant was  examined as PW1.  So the  opposite parties  remain absent in this case.  At the end the Commission  heard the case on merit.

       Let  us have a clear glance at the  relevant documents  of the  complainant.  Ext.A1 is the  cash receipt(purchase invoice) issued by 2^nd OP to the complainant dtd.3/5/2018 for an amount of Rs.40,389.79. Ext.A2 is the lawyer notice issued by the complainant to Ops dtd.12/12/2019.  Exts.A3&A4 are postal receipts and Exts.A5&A6  are the  acknowledgment cards.  According to the complainant the Godrej RTEON 260 P24260LS Stroke FFREF refrigerator (2 in Nos.) was purchased on 3/5/2018 as per Ext.A1.  So the Ops bound to  replace the refrigerator.   Since the OPs denied  to  replace the Godrej RTEON 260 P24260LS Stroke FFREF refrigerator.  There is deficiency of service and unfair trade practice on the part of the ops.   Under this circumstances, we are of the  considered view that the opposite parties are directly  bound to  redress the grievance caused to the complainant.    So the  complainant is entitled to get the   price of  2 refrigerator worth Rs.40,389.79/-  from the  opposite parties.    Therefore  we hold that the opposite parties are jointly and severally  liable to pay the amount of Rs.40,389.79/-  to the complainant along with   Rs.7000/- as compensation and Rs.3000/- as litigation cost. 

            In the result, the complaint is allowed in part directing the opposite parties  jointly and severally  liable to pay an amount of Rs.40,389.79/-  to the complainant along with   Rs.7000/- as compensation and Rs.3000/- as litigation cost within  30 days from the date of  receipt  of this order, in default  the Ops are  directed to pay 12% interest  for Rs.40,389.79 from the date of order till realization, failing  which  the complainant  shall be at  liberty to execute the order as per the provisions of Consumer Protection Act 2019.    

Exts:

A1- Invoice dtd.3/5/2018

A2- lawyer notice

A3&4 –postal receipts

A5&6- Acknowledgment card

PW1-Jayachandran-complainant.

Sd/                                                         Sd/                                                                       Sd/    

PRESIDENT                                      MEMBER                                                  MEMBER

Ravi Susha                      Molykutty Mathew.                     Sajeesh K.P

eva                    

eva                                                                         /Forwarded by Order/

                                                                         SENIOR SUPERINTENDENT