DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

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

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

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Wednesday the 31^st  day of May 2023

C.C.154/2023

Complainant

          Dileep Kumar.M

          Mangalassery House,

          Pattelath Thazham,

          Pokkunnu P.O,

          Kozhikode – 673 007.

Opposite Party

          Proprietor

          Creative Electronics

          H O.Door No.5/2161,

          Sreekaryam,

          Thiruvananthapuram – 695 017.

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:

The complainant booked a vaccum cleaner of AGARO company paying an advance of Rs.1000/- on 26-02-2023 in the exhibition conducted at Kozhikode in connection with the conference of Engineers. It was agreed that the product would be supplied on 28-02-2023. But neither the product was supplied nor did the advance amount refunded by the opposite party so far. Repeated phone calls proved futile. Hence the complaint.

3. The opposite party was set ex-parte.
4. The points that arise for determination in this complaint are :

1.        Whether there was any unfair trade practice on the part of the opposite party, as alleged?
2.        Reliefs and costs.

5. The complainant was examined as PW1 and Exts. A1 and A2 were marked.
6. Heard.
7. Point No.1– The complainant has approached this Commission alleging unfair trade practice on the part of the opposite party. The specific allegation is that the opposite party failed to supply the vacuum cleaner in spite of having received Rs.1000/- as advance on 26-02-2023 in an exhibition held at Kozhikode.
8. PW1 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 order form and Ext.A2 is the copy of the exhibition ticket. Ext A1 shows that Rs.1,000/- was received by the opposite party as advance on 26-02-2023.
9.     The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. 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 act of the opposite party in not supplying the product as agreed in spite of having received Rs.1000 as advance amounts to unfair trade practice. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. The opposite party is bound to refund the advance amount of Rs.1000/- to the complainant. It goes without saying that the act of the opposite party has resulted in mental agony, hardship and inconvenience 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.1,000/- will be reasonable compensation in this case.
10. Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 154/2023 is allowed in part.  
2. The opposite party is hereby directed to refund the advance amount of Rs.1000/- to the complainant.
3. The opposite party is hereby directed to pay a sum of Rs.1,000/- (Rupees one thousand only) as compensation to the complainant.
4. The payment as aforestated shall be made within 30 days of the receipt of copy of this order, failing which, the advance amount of Rs.1000/-(Rupees one thousand only) shall carry an interest of 6% per annum from the date of this order till actual payment.
5. No order as to costs.

Pronounced in open Commission on this the 31^st day of May 2023.

Date of Filing: 19-04-2023.

           Sd/-                                                      Sd/-                                                 Sd/-

  PRESIDENT                                           MEMBER                                      MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the order form

Ext.A2 - copy of the exhibition ticket

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Dileep Kumar (Complainant)

Witnesses for the opposite parties 

Nil.

         Sd/-                                                      Sd/-                                                 Sd/-

  PRESIDENT                                           MEMBER                                      MEMBER

 True copy,

                                                                            Sd/-

    Assistant Registrar.