Complainant through Lrd. Adv. Raut
Opponent present in person
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(25/03/2014)
This complaint is filed by the consumer against the opponent for defects in the goods and deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainant is a resident of Navi Peth, Pune – 30 and the opponent is running a Toy shop in Raviwar Peth, Pune – 2. On 9/5/2012, the complainant had visited the shop of the opponent for purchasing toy for her 10 years son. She had purchased one racing car, which can be operated on remote control, which was worth of Rs.1200/-. It is the case of the complainant that the car was defective. When she brought the said car to house, it could not be operated properly. On the next morning, she approached to the opponent and brought to the notice of the opponent the defect in the car. The opponent was reluctant to refund the price of the car. Hence, she had issued notice to the opponent through Advocate. The notice was not replied by the opponent. Hence, she has filed the present complaint for refund of price of the car as well as compensation on the ground of mental agony to the tune of Rs.10,000/-, cost of legal notice to the tune of Rs. 1,000/- and costs of Rs. 5,000/-.
2] The opponent appeared before the Forum and had shown his willingness to refund the price of car. He has deposited an amount of Rs.1200/- in the Forum. He has admitted the mistake and he had shown apology to the complainant.
3] As the opponent has not filed written version, the matter was posted for filing affidavit and written notes of argument. The complainant has filed affidavit in support of her claim as well as written notes of argument.
4] It is the opinion of the Forum that, as the price of the toy is refunded by the opponent by depositing amount in the Forum, the complainant is entitled for compensation on the ground of mental and physical pains as well as for the costs of the litigation. After considering the price of the toy, an amount of Rs. 500/- as a compensation on all grounds, including cost of the litigation would meet the ends of justice. Hence, we pass the following order.
** O R D E R **
1. The complaint is partly allowed.
2. The opponent is directed to pay an
amount Rs. 500/- (Rs. Five Hundred
only) to the complainant, within six
weeks from the date of receipt of
copy of this order.
3. The complainant is entitled to receive
Rs. 1,200/- (One Thousand Two Hundred
Only) which is already deposited by the
Opponent in the office of the Forum.
4. Copies of this order be furnished to
the parties free of cost.
5. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 25/03/2014
