Kerala

Thiruvananthapuram

CC/34/2021

Manoj N V - Complainant(s)

Versus

M/S Pittapallil Agencies - Opp.Party(s)

25 Jun 2022

ORDER

   BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

   SRI.P.V.JAYARAJAN               : PRESIDENT

SMT.PREETHA .G.NAIR           : MEMBER

SRI.VIJU.V.R                           : MEMBER

 

CC.NO.34/2021 (Filed on: 21.01.2021)

ORDER DATED :  25.06.2022

COMPLAINANT

          Manoj.N.V

          S/o.Nagendran,

          Residing at Vasanthy Bhavan,

          Pachalloor.P.O, Thiruvananthapuram

 

          (By Adv.Radhakrishnan)

                                                          VS

OPPOSITE PARTIES

1. M/s.Pittappillil Agencies,

Kulathakkal Towers,

Vellayambalam, Sasthamangalam.P.O

Thiruvananthapuram – 695010

 

2. Peter Paul, Managing Director,

Pittappilil Administrative Office,

Cattle Market Road, Perumbavoor-683542

•  
•  

ORDER

SMT.PREETHA.G.NAIR                   : MEMBER

         Respondents advertised Pittappillil Onam Offer sales in Malayalam Daily in the year 2018 and attracted by the said advertisement complainant visited first respondent’s shop room at Vellayamblam, Thiruvananthapuram on 17.08.2018 and booked three home appliances ( One refrigerator GCJ 247 CKAV LG, one Bosch, Washing Machine WAW 28790 IN and one T.V) and he made advance payment of Rs.45,000/- only. After accepting payment first respondent requested the complainant to wait for a few days for importing the booked products and told the complainant that the arrival of products will be intimated to him for delivery and for payment of balance amount. Thereafter complainant informed first respondent that the booked TV is not necessary and to avoid it from the booking items and first respondent cancelled booking of TV as per his request. Complainant requested first respondent to make arrangements to deliver the other two items at the earliest to meet with his above said needs. First respondent assured the complainant that the same will be delivered without much delay and definitely it will be delivered to him before house warming. But after one year first respondent informed the complainant that the booked products were arrived and ready for delivery and first respondent asked him to pay balance amount of Rs.1,30,000/- On the very next day of information ie, on 05.09.2019 complainant has gone to first respondent show room at Vellayambalam, Thiruvananthapuram and made payment of Rs.1,05,000/-. On a condition that the balance amount of Rs.25,000/- shall be paid at the time of delivery of products at the spot. But when the packet was opened at the shop it was found some damages on products and therefore first respondent assured the complainant that another product will be brought for delivery and requested him to wait for a few days to deliver the said two products simultaneously. Thereafter many times complainant approached respondents and demanded to return money and at those occasions they assured that they will supply the products or they will return the money and by saying so they unnecessarily prolonged the matter without redressing the grievances of the complainant.  After advance payment of Rs.45,000/- as per the first receipt first respondent took more than one year to inform the complainant that products are ready for delivery and thereafter first respondent accepted payment of Rs.1,05,000/- as per 2^nd receipt and first respondent accepted a total sum of Rs.1,50,000/ from the complainant without supplying the products to him as they assured him. Now another 15 months elapsed after payment money as per the said second receipt without delivering the products. Complainant repeatedly demanded the first respondent, on several times, either to deliver the products or to refund the amount to him but first respondent intentionally prolonged the matter by saying lame excuses and ultimately he put the complainant in deep troubles. No doubt, first respondent played unfair trade practice against the complainant who trusted upon it to purchase things as per its advertisement in connection with ONAM festival in 2018.The first respondent caused severe mental agony to him since it did not provide the products even after substantial payment of money prior to his house warming which was held on 19.09.2019. All requests and attempts of the complainant either to get the products or to get back the said money were exhausted and no action has been taken by the respondents either to refund the money or to supply the booked products to the complainant hither to. Complainant issued advocate notices dated 16.12.2020 to the respondents. First respondent accepted the notice on 19.12.2020 and second respondent accepted his notice and later issued a reply notice stating untenable and very strange matters in contradiction to their stand towards the complainant hither to. Hence the complaint.    

        After accepting the notice the opposite parties not present before the Commission and opposite parties set exparte. Complainant filed proof affidavit and documents. Exts.A1 to A4 marked.

Issues to be considered are :

1. Whether there is any deficiency in service on the part of the opposite parties?

2. If so what is the relief and cost.

Issues I & II

As per Ext.A1 the complainant paid Rs.45,000/- to opposite parties on 17.08.2018. Ext.A2 shows that Rs.1,05,000/- complainant paid to opposite parties on 05.09.2019. Thereafter the opposite parties had not given the ordered items to complainant. On 19.09.2019 the house warming of complainant was done and he ordered the items for house warming.Ext.A3 is the legal notice sent to opposite parties. On the available evidence it is true that the complainant paid Rs.1,50,000/- to the opposite parties and they had not given the home appliances. The opposite parties were set exparte and not produced evidence to disprove the case of complainant. The case of the complainant was unchallenged. In view of the above discussions, we find that the act of opposite parties amounts to deficiency in service.

          In the result, complaint allowed.

          We direct the opposite parties jointly and severally liable to pay Rs.1,50,000/- with 6% from 05.092019 as the date of payment to date of receipt of order and pay Rs.25,000/- as compensation for mental agony and pay Rs.2500/- as cost of the proceedings, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

                  A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

         Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 25^th day of June, 2022.

                                                                                  Sd/-

P.V.JAYARAJAN     : PRESIDENT

                                                                                       Sd/-

PREETHA .G.NAIR    : MEMBER

                                                                                            Sd/-

                                                                                         VIJU.V.R  : MEMBER

 

 

 

be/

 

APPENDIX

CC.NO.34/2021

List of witness for the complainant

PW1                      - Manoj.N.V

Exhibits for the complainant

Ext.A1                 -  Copy of Receipt No.VLYM-FIRFPC 443 dated 17.08.2018

Ext.A2                 - Copy of Receipt No.VLYM-F2RFPC 618 dated 05.09.2019

Ext.A3                 - Copy of Advocate notice dated 16.12.2020

Ext.A4                 - Copy of Reply notice sent by second opposite party

List of witness for the opposite party- NIL

Exhibits for the opposite party          - NIL

Court Exhibits                                   - NIL

 

 

 

                                                                                       Sd/-

                                                                                 PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACADU

 THIRUVANANTHAPURAM

 

CC.NO.34/2021

 

ORDER DATED:  25.06.2022