Date of Filing      : 15.05.2023

                                                                                                                                       Date of Disposal : 07.08.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                                       .…. PRESIDENT

                 THIRU.P.VINODH KUMAR, B.Sc., BL.,                                                                              ….MEMBER-I

                 THIRU.P.MURUGAN,  M.COM.,ICWA (Inter),B.L.,                                                      ......MEMBER-II

CC. No.47/2023

THIS MONDAY, THE 07^th DAY OF AUGUST 2023

Mr.R.Murugesan,

S/o.Late A.Ramasamy,

Flat No.L41/18,608 Thiruvalluvar Apartment,

Ayapakkam, Chennai 600 077.   

Presently residing at (Address for communication)

R.Murgesan, S/o.Late Ramasamy,

No.1/78, Kothur, Kothur (Post),

Velagoundanpatti (Via),

Namakkal District -637 212.                                                                    ……Complainant. 

                                                                                 //Vs//

M/s.Mathaji Electricals and Hardwares,

Its Proprietor,

Near City Union Bank,

No.6287, TNHB Ambattur Scheme,

Ayapakkam – Ambattur Main Road,

Ayapakkam, Chennai 600 077.                                                             …..opposite party

Counsel for the complainant                                                               :   Party in Person.

Counsel for the opposite party                                                           :   exparte

This complaint is coming before us on various dates and finally on 27.07.2023 in the presence of complainant who appeared in person and the opposite parties was set ex-parte for non appearance and for non filing written version and upon perusing the documents and evidences of the complainant this Commission delivered the following:

ORDER

PRONOUNCED BY TMT. S.M. LATHA MAHESWARI, PRESIDENT

This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite party in selling defective product along with a prayer to refund of Rs.550/- the cost of the water tap and to provide GST Bill for Rs.550/-, Warranty Card, Product Manual and manufacturer address and to provide invoice copy of the manufacturer from whom the water Tap was purchased by opposite party and to pay a sum of Rs.50,000/- towards compensation for the mental agony and hardship caused to the complainant along with cost of the proceedings to the complainant.

Summary of facts culminating into complaint:-

Being aggrieved by the supply of defective Water Tap the present complaint was filed.

On 05.04.2022 the complainant purchased Water Tap for a sum of Rs.550/- from the opposite party for which no GST Bill was provided.  After fixing the same in his house on 06.04.2022 he left for native place and came back on 14.05.2022.When he opened the Tap the knob fell down from the Tap.  Again with the help of the plumber and on payment of Rs.150/- the Tap was removed on the very same day and it was returned to the opposite party complaining about the defective product.  When the complainant requested for a new product or to refund the cost of Rs.550/- the opposite party assured to get back after consultation with the manufacturer but there was no response and thus aggrieved, after issuance of legal notice the present complaint was filed. 

On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A4. The opposite party though notice served sufficiently did not appear before this Commission and did not filed any written version and he was called absent and was set ex-parte on 12.07.2023.

Points for consideration:

1. Whether the opposite party had committed deficiency in service in supplying a defective Tap and in not repairing or replacing the same and in not refunding the cost of Rs.550/- to the complainant and whether the same has been successfully proved by the complainant by admissible evidence?
2. To what reliefs the complainant is entitled?

Point No.1:-

The following documents were filed on the side of complainant in support of her contentions;

1. Cash Bill issued by the opposite party to the complainant for the purchase of paint dated 20.08.2021 was marked as Ex.A1;
2. Water Tap returned –Acknowledgement dated 14.05.2022 was marked as Ex.A2;
3. Legal notice issued by the complainant to the opposite party dated 20.06.2022 was marked as Ex.A3;
4. Track consignment for proof of delivery was marked as Ex.A4;

Heard the oral arguments of the complainant/Party in Person and perused the written argument filed by him.

The Party in Person vehemently argued that from the date of purchase the Tap did not function and it suffered with manufacturing defects.  When the complainant requested to the opposite party they received the defective Tap but did not get back.  Thus he sought for the complaint to be allowed.

On perusal of pleadings and material evidences it is seen that the complainant had purchased the Water Tap from the opposite party and the same was returned to the opposite party on 14.05.2022 vide Ex.A2. The GST Bill for the other products purchased by the complainant was produced as Ex.A1. Though the invoice for purchase of Tap was not produced for the reason that one of the prayer sought for is to issue GST Bill and for the reason that the opposite party inspite of receipt of legal notice and summons from this Commission did not appear to dispute the complaint allegations. Thus the factum of purchase of the Tap from the opposite party is well established.  For the legal notice issued by the complainant complaining about the defective tap, no reply notice was given by the opposite party.  In the said facts and circumstances it is apparently seen that the Tap supplied to the complainant is a defective one.  Though the defect pertains to manufacture, non-impleading the manufacturer is not fatal to the present case as the Tap was received back from the complainant by the opposite party on assurance that they would contact the manufacturer and get it rectified.  In the said facts and circumstances we hold that the opposite party had committed deficiency in service in not issuing bill for the Water Tap and also in not rectifying or refunding the amount.  Thus we answer the point accordingly in favour of the complainant and as against the opposite party.

Point No.2:-

As we have held above that the opposite party had committed deficiency in service we direct the opposite party to pay the cost of Water Tap within two weeks from the date of receipt of copy of this order to the complainant and for the mental agony and hardship suffered by the complainant we award a compensation of Rs.5,000/- to be paid by the opposite party along with cost of Rs.3,000/- towards litigation expenses to the complainant.

In the result, the complaint is partly allowed against the opposite party directing him

a) To refund of Rs.550/- (Rupees five hundred fifty only) the cost of Water Tap within two weeks from the date of receipt of copy of this order;

b) To pay a sum of Rs.5,000/- (Rupees five thousand only) towards compensation for the mental agony and hardship caused to the complainant;

c)  To pay a sum of Rs.3,000/- (Rupees three thousand only) towards litigation expenses to the complainant.

d) Amount in clause (a) if not paid within two weeks to carry interest at the rate of 9% from the date of complaint till realization.

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 07^th day of August 2023.

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MEMBER-II                                              MEMBER I                                    PRESIDENT

List of document filed by the complainant:-

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MEMBER-II                                          MEMBER I                                     PRESIDENT