DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Friday, the 26^th day of July 2024

CC. 291/2024

Complainant

Anfi.K.K,

Vallikunnu Parambil,

Vallikkunnu, Pantheerankavu,

Kozhikode – 673 019.              

Opposite Party

Prime Stone,

Rep. by its Manager/Proprietor,

16/2296A, Kalanthithazham,

Kuruvattur, Kozhikode- 673 571.

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 02/10/2023 the complainant purchased sliced laterite worth Rs. 8,040/- from the opposite party. At the time of the purchase, the opposite party had agreed to replace the product with new one or to refund the price, if found necessary. It was found that the sliced tiles were not suitable for his house construction and accordingly it was returned to the opposite party on 07/09/2023. The opposite party had agreed to refund the price within 10 days. However, the opposite party repaid Rs. 5,000/- to him and the balance was not paid so far. There was delay and deficiency of service on the part of the opposite party. Hence the complaint.

3. The notice issued from this Commission on 12/06/2024 was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte.   
4. The points that arise for determination in this complaint are;                                                                                                                                                                                                                                                                                                                                        1.  Whether there was any deficiency of service on the part of the opposite party, as alleged?

            2.  Reliefs and costs.

5. Evidence consists of oral evidence of PW1 and Ext A1to A7.  
6. Heard.
7. Point No 1:   The complainant has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the quotation dated 01/10/2023, Ext A2 is the copy of the invoice dated 02/10/2023, Ext A3 is the screen shot of Whatsapp chat, Ext A4 is the CD, Ext A5 is the screen shot of G-pay, Ext A6 is the screen shot of whatsapp chat and Ext A7 is the CD.
8. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and to contest the case. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A7. Deficiency of service on the part of the opposite party stands proved. The complainant is entitled to get refund of the balance amount of Rs. 3,040/-. Undoubtedly, the act of the opposite party has resulted in gross mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this regard.  
9. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.291/2024 is allowed.

b) The opposite party is hereby directed to refund Rs. 3,040/- (Rupees three thousand forty only) to the complainant.

c)  The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.

d) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs.3,040/- shall carry an interest of 9% per annum from the date of this order till actual payment.

e) No order as to costs.

Pronounced in open Commission on this, the 26^th day of July, 2024.

Date of Filing: 23/05/2024      

                            Sd/-                                                                                            Sd/-

                 PRESIDENT                                                                                   MEMBER                                                                

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the quotation dated 01/10/2023,

Ext A2 - Copy of the invoice dated 02/10/2023.

Ext A3 - Screen shot of Whatsapp chat.

Ext A4 - CD.

Ext A5 - Screen shot of G-pay.

Ext A6 - Screen shot of whatsapp chat.

Ext A7 - CD.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -    Anfi.K.K, (Complainant)

Witnesses for the opposite party

NIL

                            Sd/-                                                                                                          Sd/-

                 PRESIDENT                                                                                   MEMBER                                                                

                                                                                        True Copy,

                                                                                                                     Sd/-

                                                                                                        Assistant Registrar.