SMT. MOLYKUTTY MATHEW : MEMBER

             This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite parties to refund Rs.68,000/-  to the complainant as the value of laptop already paid by the complainant to opposite party’s account along with  Rs.20,000/-    as compensation for mental agony caused to the complainant  and  cost of proceedings for the deficiency of service and unfair trade practice  on the part of opposite party.

The case of the complainant in brief

            The complainant is intended to purchase a laptop through online from OPs.  Then the complainant approached OP and paid Rs.68,000/- to OP as the value of the laptop.  Then the OP received the amount and issued a receipt No.NGADVRPT/21-22/1062 dated 20/03/2023 to complainant.  After receiving the amount the OP is not ready to supply the laptop to the complainant within the stipulated time.   Thereafter on 02/08/2023 the complainant approached the OP’s shop to receive the laptop.  But the OP expressed his inconvenience to supply the laptop and expressed his willingness to refund the full amount of Rs.68,000/- to complainant within 3 months from 02/08/2023.  Then the OP issued a cheque bearing No.118774 of IndusInd Bank, Thiruvananthapuram, Kerala Branch, dated 02/11/2023 in favour of complainant for a sum of Rs.68,000/-.  At the time of issuing the cheque the OP assured the complainant that there will be sufficient amount in opposite party’s account for encashing the cheque.  Only on believing he words of OP the complainant presented the cheque bearing No.118774 dated 02/11/2023 for an amount of Rs.68,000/- through the SBI, Thalasseri Main branch.  But the cheque was returned with a memo stating that “funds insufficient”, So the complainant is not get the amount of Rs.68,000/- from the OP. So the act of OPs the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

            After filing the complaint notice issued to OPs.  OPs received the notice and not appeared before the commission and no version filed.  Then the commission had to hold that the OPs have no version as such this case came to be proceed against the OPs as set        ex-parte.   

            Even though the OPs remained ex-parte.  It is for the complainant to establish the allegations made by him against the OPs.  Hence the complainant was called up on to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce Ext.A1 and A2 documents. Ext.A1 is the receipt No.NGADVRPT/21-22/1062 dated 20/03/2023.  It is clearly shows that the complainant had paid Rs.68,000/- to OP dated 20/03/2023.  Ext. A2 is the copy of lawyer notice.  As per the notice it clearly shows that after receiving the value of laptop the OP is not supply the laptop to the complainant in time.  Then the OP expressed his willingness to refund the amount of Rs.68,000/- to complainant within 3 months from 02/08/2023. Then the OP issued a cheque bearing No.118774 of IndusInd Bank, Thiruvananthapuram Kerala Branch dated 02/11/2023 for an amount of Rs.68,000/- in favour of complainant.  On believing the words of OP the complainant presented the cheque bearing no.118774 dated 02/11/2023 for an amount of Rs.68,000/-  through the SBI, Thalassery branch.  But the cheque was returned with a memo stating that “fund insufficient”.  So the act of OP the complainant caused much mental agony and financial loss.  The OP is bound to redressal the grievance caused to the complainant.  So there is deficiency of service and unfair trade practice on the part of OPs.  Under this circumstances we are of the considered view that the OPs are jointly and severally liable to refund Rs.68,000/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost.

            In the result the complaint is allowed in part directing the opposite parties jointly and severally liable to refund Rs.68,000/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs.68,000/- carries 12% interest  per annum  from the date of order till realization.  Failing which, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exts.

A1  - Receipt

A2- Copy of lawyer notice

       Sd/                                                                               Sd/                                                        Sd/

PRESIDENT                                                                 MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)                 

                                               /Forwarded by order/

                                                 Assistant Registrar