IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   4^th  DAY OF DECEMBER 2021

Present: -      Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

          Smt.S.Sandhya   Rani. Bsc, LLB ,Member

          Sri.Stanly Harold, B.A.LLB, Member

    CC.No.139/2021

A.Abdul Khalam,Aged 53 years,

S/o Abdulla

Naaz, Vadkkevila Village,

Ayathil P.O., Kollam.                                                                     :           Complainant

(By Adv. K.Jayasree)

V/S

1.  M/s Mayoori Furniture& Electronics

          Home Appliances, Puthiyakavu Service Road

          Puthiyakavu Opposite Tharangam Theatre,

           Karunagappally, Kollam.                                                              :          Opposite parties

2.  Proprietor,

         Mayoori Furniture& Electronics

       Home Appliances, Puthiyakavu Service Road

        Puthiyakavu Opposite Tharangam Theatre,

          Karunagappally, Kollam.

ORDER

Sri.Stanly Harold, B.A.LLB, Member

            This is a case based on a complaint filed U/s 35 of the Consumer Protection Act 2019.

            The averments in the complaint in short are as follows:-

            The complainant is residing the above address the 1^st opposite party is a dealer of furniture and electronic home appliances carrying on business at Puthiyakavu service road, Puthiyakavu opposite Tharangam theatre, Karunagappally and the 2^nd opposite party is Proprietor of the said furniture and electronic home appliances.

            The complainant purchased a dressing table with cupboard(seamens) worth Rs.4,500/- from the 1^st opposite party on 21.03.2021 after paying the above amount.  The 1^st opposite party had issued sale invoice number KG980 dated 21.03.2021 in favour of the complainant after payment of the entire amount the opposite party affixed a label in the purchase the item that the same is “sold to Abdul Khalam”.  While purchasing of the aforesaid item the 1^st opposite party made assurance to the complainant that the above dressing table with cupboard will be delivered to the complainant’s residence on the next day itself on free of cost.  The opposite party had not delivered the above purchased item to the complainant as promised.  Thereafter a week the complainant approached the 1^st opposite party on 30.03.2021 and requested them to deliver the above item was sold to some other person  and the same type of above item with the same quality and model will be delivered within two days to the complainant address.  The complainant believing the words of the opposite party waited two more days.  But the 1^st opposite party again failed to perform their part and thus committed unfair trade practice.  The complainant made server request to the opposite party on telephone and requested them to deliver the above item purchased.  The call recordings of the such admission made by the opposite party that they have sold the purchased item to some other person shall be produced before this Hon’ble commission during the time of evidence.  The opposite party never turned up to deliver the same to the complainant.  Thereafter on 09.04.2021 the complainant again approached the opposite party and demanded them to deliver the said item or to refund the above amount of Rs.4,500/-.  But the opposite party was not ready to refund the amount paid by the complainant.  More over the 1^st opposite party harassed the complainant before the public and due to the act of the 1^st opposite party the complainant suffered much hardship, insult and mental agony which cannot be compensated in terms of money.  But as a part of settlement the complainant is claiming of Rs.50,000/- as compensation along with the bill amount of Rs.4,500/-.  The attitude of the opposite parties was so sarcastic and insulting the complainant.  Hence the complaint.

            In response to the notice issued to the opposite parties they had neither appeared nor filed any version and has not co-operated with trial when the case was specifically posted for recording evidence. Hence the  opposite parties were set exparte.

The complainant filed affidavit by reiterating the averments in the complaint and got marked Ext.A1 document.  Ext.A1 is the sale invoice No.KF980 dated 21.03.2021 for dressing table with cupboard (seamens) for an amount of Rs.4,500/-.

Heard the counsel for the complainant and perused the records.  The unchallenged averments in the complaint coupled with A1 document would establish that the complainant has purchased a dressing table with cupboard(seamens) worth Rs.4,500/- from the 1^st opposite party on 21.03.2021 after paying the above amount.  The 1^st opposite party affixed a label in the purchased item that the same is “sold to Abdul Khalam”.  At the time of purchasing of the above item the 2^nd opposite party made assurance to the complainant that the above dressing table with cupboard will be delivered to the residence on the next day itself on free of cost.  The complainant had several times requested the opposite parties to deliver the dressing table on 3.03.2021 and 09.04.2021 complainant directly approached the opposite party to deliver the same or to refund the amount.  But the opposite parties did not refund the same and harassed the complainant which caused serious mental agony and financial loss. 

The unchallenged averments in the affidavit coupled with the Ext.A1 document would establish the case of the complainant.  It is clear from the available materials that the complainant would come under the ambit and definition of the consumer and there is clear unfair trade practice on the side of the opposite parties .  Since the opposite parties has violated the promise given to the complainant with regard to Ext.A1 document.  Therefore the complaint is only to be allowed. 

In the result complaint stands allowed in following terms.

1. Directing the opposite parties to pay Rs.4,500/- with interest @ 9 % p.a. from 21.03.2021 till realization.
2. Opposite parties are also directed to pay Rs.3,000/- as compensation and Rs.2,000/- as costs of the proceedings.
3. The opposite parties are directed to comply with above directions within 45 days from the date of receipt of a copy of this order failing which complainant is entitled to recover the same along with interest @ 12 % p.a. for the entire amount except from the opposite parties No. 1 & 2 jointly and severally and from their assets. 

Dictated to the Confidential Assistant  Smt. Minimol.S transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 4^th  day of  December 2021.

                                                                        STANLY HAROLD:Sd/-

                                                          E.M .MUHAMMED IBRAHIM:Sd/-

                                                                                      S.SANDHYA RANI:Sd/-

Forwarded/by Order

                                                                                       Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.A1                        : invoice No.KF980 dated 21.03.2021

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil