IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM

Dated this the 30^th day of December, 2021

Present:  Sri. Manulal V.S. President

Smt. Bindhu R. Member

Sri. K.M. Anto, Member

C C No. 221/2021 (filed on 28-09-2021)

Petitioner                                            :         P.U. Joy,

                                                                   Poovappallil,

                                                                   Parampuzha P.O.

                                                                   Kottayam – 686004.

                                                                             Vs.      

Opposite Parties                                 :         Payless Hypermaket,

                                                                   Kandathil Building,

                                                                   Collectorate P.O.

                                                                   Kottayam.

O  R  D  E  R

Sri. K.M. Anto, Member

          The brief of the complainant’s case is as follows.

          The complainant had purchased 20 items from the opposite party on                    21-09-2021.  On reaching home, complainant verified the purchased items and a mop made of grass was seen completely damaged.  The complainant reported the matter to the opposite party and requested for a replacement of the product.  The opposite party refused to give a replacement for the damaged mop. Hence this complaint.

          On admission of the complaint, copy of the complaint was duly served to the opposite party.  The opposite party failed to file their version or to appear before this Commission to defend their case.  The opposite party was set exparte.

The complainant filed proof affidavit along with one document and marked as Ext.A1.

Ongoing through the complaint, proof affidavit of the complainant and evidence adduced.  We would like to consider the following points.

1. Whether there is deficiency in service from the part of the opposite party?
2. If so, what are the reliefs and costs?

For the sake of convenience, we would like to consider Point No.1 and 2 together.

Point No.1 and 2

     On going through the complaint, proof affidavit of the complainant and evidence on record, it is clear that the complainant had purchased 20 items for a consideration of Rs.1264/- on 21-09-2021 from the opposite party.  Ext.A1 is the bill issued by the opposite party on 21-09-2021 and in Ext.A1 item No.2 is a mop 400G apple Grass Broom 3D and the cost for the mop is Rs.145/-.  The mop was found defective and the complainant approached the opposite party with the mop and the bill and reported the complaint.  Eventhough the opposite party accepted the defective mop refused to give a replacement or to give refund of the cost to the complainant.

     The act of the opposite party in not providing a replacement to the defective product or by not giving the refund of the cost of the defective product is deficiency in service on the part of the opposite party. Hence point no.1 is found in favour of the complainant and we pass the following orders.

1. The opposite party is directed to refund an amount of Rs.145/- to the complainant.
2. The opposite party is directed to give Rs.1,000/- as compensation for mental agony and hardships suffered by the complainant.

The Order shall be complied within 30 days from the date of receipt of this Order.  If not complied as directed, the amounts will carry 9% interest from the date of Order till realization.

       Pronounced in the Open Commission on this the 30^th day of December, 2021.

Sri. K.M. Anto, Member                  Sd/-

Sri. Manulal V.S. President             Sd/-

Smt. Bindhu R. Member                  Sd/-

Appendix

Exhibits marked from the side of complainant

A1 – Bill for Rs.1,264/- issued by opposite party

Exhibits marked from the side of opposite party

Nil

                                                                                                          By Order

                                                                                      Senior Superintendent