Kerala

Thiruvananthapuram

CC/71/2021

Biju P.P - Complainant(s)

Versus

Oxygen The digital Shop - Opp.Party(s)

22 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

            SRI.P.V.JAYARAJAN    : PRESIDENT

       

                                       SRI.VIJU.V.R           : MEMBER

CC.NO.71/21 (Filed on : 05/02/2021)

ORDER DATED : 22/06/2023

COMPLAINANT

Biju.P.P

Vaidyasram, Pullavila.P.O

Thiruvananthapuram

Pin – 695 526

(Party in person)

                                                                   VS

OPPOSITE PARTY

Oxygen The Digital Shop,

No.2/2422 3, Penang Tower,

M.G.Road, Pattom Palace Road,

Thiruvananthapuram – 695002

(By Adv.Saji Mathew & Adv.Denu Joseph)

                                                   ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.           This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint notice was issued to the opposite party. The opposite party entered appearance and filed written version denying the allegations raised by the complainant.

3.           The case of the complainant in short is that he has purchased a 1.5 Ton A/c from the opposite party on 06/11/2020 and the same was having a

warranty for a period of one year. According to the complainant after one month the product became defective and when the complainant frequently contacted and informed the opposite party and their customer care centre, there was no response and the grievance of the complainant was not attended by the opposite party and hence approached this commission for redressing his grievances. The opposite party filed written version contending that this opposite party is only a dealer and if there is any manufacturing defect in the product which is the responsibility of the service centre and manufacturing company to deal with the same and hence both manufacturer and service center are necessary party to this proceedings and the complaint is bad for non joinder of necessary party. According to the opposite party there is no deficiency in service or unfair trade practice on the part of the opposite party and hence prayed for dismissal of the complaint.

4.       The issues to be considered in this case

1. Whether there is any unfair trade practice and unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order as to cost.

5.           Heard. Perused records and documents. To substantiate the case of the complainant, though the complainant filed an affidavit on 22/02/2022, subsequent to that the complainant failed to appear before this commission to mark the documents produced by the complainant. Meanwhile the opposite party also filed affidavit and submitted that there is no documents from the side of the opposite party. As the complainant was continuously absent since 12/04/2022, this commission issued a notice to the complainant to appear before this commission today to further proceed with this complaint. When the case came up for consideration today, the complainant was absent and there was no representation. As such there is no evidence available before this commission to strengthen the allegations raised by the complainant. The complainant also failed to take any steps to prove the manufacturing defect to the product purchased by the complainant from the opposite party. In the absence of any evidence from the side of the complainant, we find that the complainant miserably failed to substantiate the allegations raised against the opposite party. In view of the above discussions, we find that this is a fit case to be dismissed.

                      In the result, the complaint is dismissed. There will be no order as to costs.

         A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

         Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 22^nd day of June 2023.

                                                                                Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                     

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

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