IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Thursday the 28^thday of February, 2019.

Filed on 11-05-2018

Present

1. Sri.E.M. Muhammed Ibrahim,B.A,LLM (President)

2. Smt. Sheela Jacob, B.com,LLB (Member)

In

CC/No.126/2018

between

Complainants:-                                                                                         Opposite party:-

Sri.K.M. Chakkochan                                                                         Shibu Prabhakaran (Proprietor)

Samariyas                                                                                             Gopika Agencies (Kollam -

Avalookkunnu.P.O.,                                                                                  Supreme), 14/447,

Alappuzha- 688 006                                                                              Pitchu Iyyer Junction, Alappuzha.

O R D E R

SRI.E.M. MUHAMMED IBRAHIM (PRESIDENT)

This case is based on a consumer complaint filed under section 12 of the Consumer Protection Act, 1986.

2. The averments in the complaint in short, are as follows:-

On 21-3-2018 the complainant visited the opposite party Gopika Agencies (Kollam Supreme) along with his friends and purchase one Rosary (Kontha/ Japamala) on the basis of the claim of the O.P’s salesman that it was plated with one gram gold and the color of the gold will not be lost for 5 years. He paid Rs.2750/- and purchased the same as on that day as per bill No.3382. The salesman reminded the complainant to keep the guaranty card for 5 years. Hence he obtained bill and guaranty card and kept the same but before completing one month of the purchase the golden color of the Rosary has losted. He rests the opposite party shop along with his said Rosary and requested the opposite party to receive back the Rosary and to repay the price after deducting the service charges. But the opposite party was not amenable for the same. But he agreed to replace the same for the time being but told that he will not replace the same again. The complainant insisted to issue guaranty that the color of the Rosary will not be lost within a reasonable period and such a condition is incorporated in the bill he is ready to take the replaced Rosary. But the opposite party was not amenable for the same. As the color of the purpurted 1gm gold plated Rosary lost within one month it is a deceit towards the customer and there is clear deficiency in service towards the customer. In the circumstances complainant prays to direct the opposite party to take back the color faided Rosary and return the sale price and also pay Rs.10,000/- as compensation. The complainant further prays to take steps to close the shop without deceiving the consumers by selling such fake articles.

3. Though notice issued from this Forum has been served on the opposite party, he remained ex-party without filing any version and without co-operating in the trial. 4. The complainant filed proof affidavit by reiterating the averments in the complaint and got marked Ext.A1 to A3 and Ext.Mo1 Rosary. The unchallenged averments in the affidavit coupled with Ext.A1bill Ext.A2 warranty card, Ext.A3 receipt issued by HDFC Bank regarding on-line payment of the amount covered by Ext.A1 bill would establish the case of the complainant that he purchased MO1 Rosary from the opposite party shop that the same has lost its golden color within one month though the same is purported to be plated with 1 gm gold that though the complainant has requested the O.P. to take back the defective Rosary and give a new one by undertaking that the color of the Rosary will not be lost at least for the warranty period, the opposite party was not amenable for the same. Hence there is deficiency in service and unfair trade practice on the part of the opposite party. Therefore the complainant is entitled to get back the Ext.A1 bill amount after receiving back the defective Rosary and also entitled to get a reasonable amount as compensation for the mental agony and the expenses suffered by the complainant.

5. In the result the complaint stands allowed in the following terms:-

1) The opposite party is directed to take back the defective Rosary sold to the complainant as per Ext.A1 bill and Ext.A2 warranty card and return the sale price of Rs.2750/- to the complainant.

2) The opposite party is also directed to pay compensation to the tune of Rs.2,000/- (Rupees two thousand only) and cost Rs.1,000/- (Rupees one thousand only) to the complainant.

3) The complainant is directed to return the Rosary to the opposite party within the above period of 30 days.

4) If the opposite party fails to pay Rs.2,750 + 2000 as directed above, the complainant is at liberty to recover the same with interest at the rate of 9% per annum for Rs.4,750/- from the date of complaint till realization with costs Rs.1,000/- from the O.P. and from the assets of Gopika Agencies .

In case of noncompliance of the above directions the complainant is also at liberty to proceed against the opposite party Shibu Prabhakaran under Sec.27 of the Consumer Protection Act.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 28^th day of February, 2019.

                                                                          Sd/- Sri.E.M. Muhammed Ibrahim (President)

                                                                                  Sd/-Smt. Sheela Jacob (Member)

Appendix:-

Evidence of the complainant:-

Ext.A1 - Bill dtd 21-3-2018

Ext.A2 - Warranty Card

Ext.A3 - Receipt issued by HDFC Bank

Ext.Mo1 - Rosary

Evidence of the opposite parties:- Nil

                                                                                       // True Copy //

To

Complainant/Oppo. party/S.F.

                                                                                                                                  By Order

                                                                                                                         Senior Superintendent

Typed by:- Sa/-

Compared by:-