BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 7th day of May 2014
Filed on : 20-11-2013
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.793/2013
Between
Ms Francina Hard, : Complainant
Yehovah Shammah 10/1305C, (Party-in-person)
Mullavallappu Lane,
Amaravathy, Cochin-682 018.
Vs
Philips Arena, : Opposite party
Selfridges Pvt. Ltd., (absent)
XXXIX/1708, M.G. Road,
Cochin-682 018.
O R D E R
A. Rajesh, President.
The complainant present. The opposite party called absent. No oral evidence for the complainant. Exts. A1 and A2 were marked. Heard the complainant who appeared in person.
2. This complaint is preferred by the complainant seeking direction against the opposite party to refund the price of the CD player which the complainant had purchased from the opposite party together with compensation and costs of the proceedings.
3. The complainant purchased a C.D. player from the opposite party on 27-09-2013 at a price of Rs. 3,490/- evidenced by Ext. A1 retail invoice. According to the complainant the gadget became defunct on 08-10-2013
and in spite of repeated requests and reminders the opposite party failed to redress the grievances of the complainant.
4. It is to be noted that nothing is on record to discard the averments of the complainant. The absence of the opposite party despite receipt of notice from this Forum speaks volumes. According to the Hon’ble National Consumer Disputes Redressal Commission a frustrated consumer is entitled to get the price of the device refunded with interest. (Soni Ericson Vs. Ashish Agarwal (IV) 2007 CPJ 294).
5. In the instant case the opposite party did not consider the genuine grievances of a consumer, which prompted her to knock at the doors of this Forum. Had the opposite party attended to the legal rights of a consumer this complaint could have been avoided. The above conduct of the opposite party not only amounts to deficiency in service but also to unfair trade practice. The complainant is entitled to get compensation and costs of the proceedings. We allow the same as prayed for.
6. In the result, we allow this complaint and direct as follows:
i. the opposite party shall refund Rs. 3,490/- being the price of the CD player with interest @ 12% p.a. from the date of purchase till realization.
ii. the opposite party shall also pay Rs. 100/- and Rs. 1,000/- towards costs of the proceedings and compensation respectively.
The above order shall be complied with within 30 days from the date of receipt of a copy of this order, failing which, the above amounts would carry interest @ 12% p.a. till realization.
Pronounced in the open Forum on this the 7th day of May 2014.
Sd/-A. Rajesh, President.
Sd/- Sheen Jose, Member.
Sd/-Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
