By Sri.Ananthakrishnan. P. S, President:
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. The Complainant’s case in brief is as follows:- The Complainant is running a bakery unit at Meppadi town for his livelihood. He had booked a panipuri making machine 10 through online and sent an amount of Rs.62,540/- to Opposite Party company by account transfer. Then the Opposite Party issued a bill dated 16.07.2021 through whatsapp. Thereafter, they sent the machine through Krishna Road Carrier Logistics and as per their demand, the Complainant sent an amount of Rs.7,000/- to the logistic company in addition towards logistics charge by way of bank transfer. On 02.08.2021, the said machine reached at Sulthan Bathery S.R.D Logistics Private Limited. The Complainant got delivery of the machine from there and paid Rs.600/- for loading and unloading charge and spent Rs.1,000/- as conveyance charge. On verification, the Complainant realized that the machine was in a damaged condition. So, the Complainant contacted the Opposite Party Company and they undertook to replace the machine. Till day, they have not replaced it. Hence, this complaint to give direction to the Opposite Party to replace the machine or to repair the defects of the machine or to return Rs.62,540/- as the price of the machine and Rs.8,600/- as the expenses incurred with an interest at the rate of 12% from the date of the receipt of the amount till realization. They also wants to get Rs.50,000/- as compensation for damages, mental agony and financial loss for the deficiency in service and unfair trade practice of Opposite Party.
3. Opposite Party is ex-parte. Complainant has given evidence as PW1 and marked Ext.A1 to A6. Heard, the Complainant.
4. PW1 is the Complainant. Ext.A1 to A6 would go to show that the Complainant purchased a panipuri making machine 10 from the Opposite Party Company. The evidence would go to show that it is defective and even though there was a request from the complainant, the Opposite Party has not replaced it or given back it’s price. There is no contra evidence. So, the evidence of Complainant is accepted. So this complaint is to be allowed.
In the result, the complaint is allowed. The Opposite Party is directed to replace or repair the panipuri making machine 10 within 30 days from the date of receipt of this Order. If they failed to do so, they are directed to give back Rs.62,540/- (Rupees Sixty Two Thousand Five Hundred and Forty Only) as it’s price and Rs.8,600/- (Rupees Eight Thousand and Six Hundred Only) as the expenses met by the Complainant with an interest at the rate of 12% from the date of receipt of the amount till realization within 30 days thereafter. The Opposite Party is also directed to pay Rs.50,000/- (Rupees Fifty Thousand Only) as compensation within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 12th day of August 2022.
Date of Filing:-19.04.2022.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Azeez. O. T. Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Tax Invoice. Dt:16.07.2021.
A2. Part A Slip. Dt:16.07.2021.
A3. Copy of Eway Bill. Dt:19.07.2021.
A4. Copy of Cash Bill for Transportation. Dt:07.07.2021.
A5. Cash Memo. Dt:02.08.2021.
A6. Counter foil. Dt:12.04.2021.
A7(a). Copy of Lawyer Notice. Dt:27.11.2021.
A7(b). Postal Receipt. Dt:27.11.2021.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
