IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA

Dated this the 28^th day of August, 2010.

Present : Smt. C. Lathika Bhai (Member)

Sri. N. Premkumar (Member)

C.C.No.58/10 (Filed on 06.04.2010)

Between:

T.M. Venugopal,

Advocate,

Pathanamthitta, residing at:

Thekkemalayil House,

Mulakkuzha.P.O.,

Chengannur,

Alapuzha Dist.

(By Adv. Peelipose Thomas)                                           .....     Complainant

And:

M/s. Sylcon,

Neha Leather,

TMJ Buildings,

Ramanchira,

Thiruvalla.                                                                       .....     Opposite party

O R D E R

Smt. C. Lathika Bhai (Member):

                   The complainant has filed this complaint against the opposite party for getting a relief from Forum.

                   2. The facts of the complainant is as follows:  The complainant has purchased a school/college bag with the brand name of LUDAN from the opposite party on 2.10.09 for an amount of  ` 490.  The opposite party believed the complainant that this bag is one of the superior quality product and assured one-year replacement guarantee to the bag.  After the purchase within two months the said bag became completely damaged including zip and grips.  On 23.1.2010 the complainant taken the bag before the opposite party and convinced the damages of the bag.  But the opposite party did not take any steps to replace the same as assured by the opposite party.  On 9.2.2010 the complainant sent an advocate notice to the opposite party and the opposite party acknowledged the receipt of notice.  Even after the receipt of notice the opposite party did not take any steps to settle the matter.  The opposite party supplied a low quality bag in the name of superior branded product and he committed an unfair trade practice and deficiency in service.  Hence the complainant filed this complaint for getting an order for directing the opposite party to replace the college bag or to pay the price of the bag with interest along with compensation.  The complainant prays for granting the relief.

                   3. The opposite party has not appeared or filed any version, hence he set exparte and remained as such.

                   4. The points for consideration in this complaint are the following:-

(1)  Whether the complaint is maintainable before the Forum?

(2)  Whether the complainant is entitled to get a relief as prayed for in 

     the complaint?

(3)  Relief and Costs?

          5. The evidence in this case consists of the proof affidavit filed by the complainant along with the documents.  On the basis of the proof affidavit the documents produced were marked as Ext.A1 to A4.  After closure of the evidence, complainant heard.

          6. In order to prove the complainant’s case the complainant has filed a proof affidavit and Ext.A1 to A4.  Ext.A1 is the purchase bill dated 2.10.09 for `490 issued by the opposite party.  Ext.A2 is the copy of lawyers notice sent by the complainant to the opposite party on 5.2.2010.  Ext.A3 is the postal receipt for the sending of Ext.A2 notice to the opposite party.  Ext.A4 is the acknowledgment card for the receipt of Ext.A2 notice by the opposite party.

          7. On going through the evidences in this case the materials on records shows that the complainant had purchased a college bag for ` 490 from the opposite party.  According to the complainant after the purchase within two months the bag became damage and it was informed to the opposite party.  At the time of purchase of the bag the opposite party assured on year replacement guarantee to the bag and believed the complainant that the bag is one of the superior quality product.  Even after sending the lawyers notice the opposite party did not turn up.  Ext.A2 to A4 shows that the complainant had informed the matter to the opposite party.

          8. After getting the lawyers notice to informing the damages of the bag the non-settlement of the complainant’s grievances is a clear deficiency in service from the part of opposite parties.  The opposite party has received the price of the bag.  The complainant is entitled to replace the bag or to get the price of the bag along with compensation.  The opposite parties are liable to pay the same.  The complainant’s case stands proved unchallenged.  The amount claimed by the complainant as compensation is exorbitant and there is no evidence produced by the complainant to prove such a loss has been sustained to him due to the acts of the opposite party.  In the circumstances, the complainant’s prayer for allowing such an amount as compensation is not allowed.  Hence the complainant’s prayer can be allowed with modifications.

          9. In the result, the complaint is allowed thereby the opposite party is directed to replace a new college bag instead of the damaged college bag purchased by the complainant or to pay the price of the bag ` 490 (Rupees Four hundred and ninety only) along with a compensation of ` 750 (Rupees Seven hundred and fifty only) to the complainant within two weeks from the date of receipt of this order, failing which an interest at the rate of 12% will be paid to the whole amount till complying the order from today.

          Declared in the Open Forum on this the 28^th day of August, 2010.

                                                                                               (Sd/-)

                                                                                      C. Lathika Bhai,

                                                                                            (Member)     

Sri. N. Premkumar (Member)              :         (Sd/-)

Appendix:

Witness examined on the side of the complainant:  Nil

Exhibits marked on the side of the complainant:

A1     :  Bill dated 2.10.09 for `490 issued by the opposite party to the 

             complainant. 

A2     :  Photocopy of lawyers notice dated 5.2.2010 sent by the complainant to the 

             opposite party. 

A3     :  Postal receipt. 

A4     :  Acknowledgment card.

Witness examined on the side of the opposite party:  Nil

Exhibits marked on the side of the opposite party:  Nil.

                                                                                      (By Order)

                                                                                 Senior Superintendent.

Copy to:-  (1) T.M. Venugopal, Thekkemalayil House, Mulakkuzha.P.O.,

                     Chengannur, Alapuzha Dist.

       (2) M/s. Sylcon, Neha Leather, TMJ Buildings, Ramanchira,

                      Thiruvalla.

                 (3) The Stock File.