SRI. SAJEESH.K.P   : MEMBER

       The  Complainant has  filed this complaint  under Sec.12 of the Consumer Protection Act 1986 seeking direction against the  OPs  to refund the purchase price of kitchen  house hold Rs.2398/- and to  pay  cost and compensation of Rs.25,000/- to the complainant.

    The complainant in brief :-That on the basis of an advertisements of kitchen house hold wares by Naptol Company, the   complainant has ordered 43 pieces of kitchen  queen utensils on 27/102019 worth Rs.1999/-.  Thereafter, the OP had demanded Rs.398/- as parcel charge over phone and they sent message on 4/11/2019.  On 31/10/2019 complainant received a call from nearby post office that their parcel was arrived.  The complainant collected the parcel after paying Rs.2398/-.  After opening the parcel, complainant found only 20 pieces of low quality and broken utensils and 3 spoons.  At the very outset complainant called OP and they told 43 pieces of utensils means lid of the utensils will be counted together with kitchen were.  The complainant demanded her money back and the Op refused the demand.   Hence this complaint.

         After filing the complaint, notice was issued to OP and it was duly served the Op. The Op has neither appeared before the commission nor not filed any version.  Ultimately  the Commission hold that  the Op has no  version as  such in this case  came to be  proceed against the   opposite party as  exparte.

         Even though, the opposite party remained as ex-parte, it is for the complainant to establish the allegation made by her against the opposite party.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the complainant has chosen to produce proof affidavit along with documents marked as Exts.A1&A2 and defective utensils received from Op produced by complainant and marked as  MO1.  At the end the Commission heard the case on merits.

      On the perusal of relevant documents of the complainant, Ext.A1 dtd.27/10/2019, the invoice shows that the complainant had paid Rs.2398/- towards the purchase of utensils from OP.  Ext.A2 dtd.27/10/2019 is the screen shot of message regarding the order sent by the Op to the complainant.  Material object(MO1) shows that the products received by complainant  from OP is defective product.  Hence there is deficiency in service from the side of OP.  In spite of the genuine evidence, the commission came into a conclusion that there   is deficiency in service from the part of OP.  Hence complainant is entitled to get the price of utensils from OP which she paid since the products she received are of defective, it will meet the ends of justice.    Hence the complaint is allowed in part. Accordingly we proceed to pass the following.

         In the result the complaint  of the complainant is allowed in part:

1. The  opposite party is   directed to refund Rs.2398/-, the price of kitchen wares utensils.  On payment of the above said  amount to the complainant, the opposite party is  at liberty to collect the MO1 article from the commission.  

2.  The  opposite party also   directed to   pay Rs.2000/- as compensation cum cost of litigation.    

     This order is to be  compiled by the opposite party  within  30 days from the date of  receipt  of this order,   failing which the   complainant shall be  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts

A1-Invoice bill dtd.27/10/2019

A2-Screen short

MO1- Kitchen wares utensils by Naptol Company.

PW1- Savitha.C.V- complainant

Sd/                                                                Sd/                                                                     Sd/

PRESIDENT                             MEMBER                                        MEMBER

/forwarded by Order/

SENIOR SUPERINTENDENT