THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
c.c.83/2019
Dated this the 6th day of September, 2019
(Smt. Rose Jose, B.Sc, LLB. : President)
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Hon’ble Smt. Rose Jose, President:
This petition is filed by the petitioner under Section 12 of Consumer Protection Act, 1986 for an order directing the opposite party to return his torch after repair or to replace the same with a new one and to pay compensation for his mental agony and other inconveniences suffered due to the deficiency in service on the part of the opposite party and also cost of the proceedings.
Petitioner is an 83 years old senior citizen. His case is that, he had entrusted his foreign made Geepas Torch worth Rs.3,000/- with the opposite party for repair along with the adapter on 01/02/2019. The opposite party promised that he will return the torch immediately after repair and had collected Rs.100/- as advance amount also. Thereafter though he had approached the opposite party many times to collect the torch he returned him saying it will take some more time for repairing the torch. At last he demanded to return the torch without repair and then the opposite party told him that the torch was misplaced and so he could not return the same.
It is stated that the loss of the torch caused much mental pain and other inconveniences to him. The said act of the opposite party is unfair trade practice and also deficiency in service on their side. He is staying 30 kms away from the opposite party shop and due to this long distance and old age ailments he had suffered much for travelling to the opposite party shop many times. So the opposite party is liable to compensate all his losses. Hence this petition seeking reliefs.
The notice issued to the opposite party from this Forum returned as refused. Hence the opposite party set ex-patre.
The petitioner filed affidavit in lieu of his petition and produced the receipt issued by the opposite party dated 01/02/2019 for the receipt of the torch with the adapter and advance amount of Rs.100/- for the repair of the torch and was marked as Ext. A1 as evidence on the part of the petitioner. The opposite party didn’t file any version challenging the allegations of the petitioner or adduced any evidence to rebut the veracity of the documents produced by the petitioner as evidence on his side. Hence the case of the petitioner stands unchallenged and proved.
Considering the facts stated and relying on the evidence produced by the petitioner, we are also of the opinion that the said act of the opposite party is deficiency in service on his pat. Since the petitioner had used this torch for some years he is not entitled to get the full amount of torch.
In the result, the following order is passed.
The opposite party is ordered to pay Rs.2,000/- (Rupees two thousand only) towards the price of the torch including the amount of Rs.100/- collected from the petitioner along with Rs.1,500/- (Rupees one thousand five hundred only) as litigation charges to the petitioner within 30 days from the date of receipt of this order.
Dated this the 6th day of September, 2019
Date of filing: 12/03/2019
SD/-PRESIDENT SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Copy of receipt of the torch with the adapter
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
None
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
