Kerala

Trissur

CC/07/564

Dr. N.. Ramachandrankutty - Complainant(s)

Versus

Proprietor - Opp.Party(s)

P.Sunil

12 May 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/07/564

Dr. N.. Ramachandrankutty
...........Appellant(s)

Vs.

Proprietor
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. Dr. N.. Ramachandrankutty

OppositeParty/Respondent(s):
1. Proprietor

OppositeParty/Respondent(s):
1. P.Sunil

OppositeParty/Respondent(s):




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ORDER

By Smt. Padmini Sudheesh, President The averments in the petition are as follows: Petitioner purchased a brand new Washing Machine manufactured by M/s.Electrolux Co. by paying Rs.11,500/- on 5/8/05 vide Invoice No.E.634, Delivery Note 1125. There was an offer by Electrolux Co. that they are issuing Lucky-Draw-Cum-Discount coupon offering the petitioner to get a benefit discount of 10% of value at the time of second purchase. The respondent made the petitioner to believe that there is no time limit for getting the discount of 10% value at the time of second purchase, believing the assurance the petitioner paid the entire value of Washing Machine. 2.The petitioner again purchased an Air-Conditioner manufactured by M/s.Electrolux Co. by paying Rs.27,900/- on 16/2/06 towards value of the item and further paid other amount towards the value of accessories. At the time of 2nd purchase there was an offer by respondent that the purchaser can pay the amount in instalments. On 16/2/06 itself, by showing the Lucky-Draw-Cum-Discount coupon the respondent promised and assured that they will deduct the 10% of the previous purchase value i.e., Rs.2790/- at the time of receiving the payment. 3.The petitioner requested the respondent to deduct Rs..2,790/-, but they did not do. As per the respondent’s direction the petitioner approached at least 10 times to get back the discount amount. The amount remains unpaid. Lawyer notice issued and accepted. But no reply, no remedy. Hence this complaint. 4.The notice from the Forum is accepted by the respondent on 15/6/07. The case was posted to 1/8/07. When the case was called, the respondent was absent and declared exparte. He deliberately avoided the orders of the Forum. 5. To prove the case of petitioner he has filed affidavit and six documents. The documents are marked as Exts. P1 to P6. 6. Heard the counsel. 7. According to the petitioner he is entitled for the amount of Rs.2,790/- with interest. He also claims for mental agony and costs. There is no counter evidence to the evidence of petitioner. 8. In the result the petition is allowed and the respondent is directed to pay Rs.2,790/- (Rupees Two thousand seven hundred and ninety only) with 12% interest from 16/2/06 and 6% interest from today till realization. He is also entitled for Rs.1000/- (Rupees one thousand only) as compensation and Rs.500/- (Rupees Five hundred only) as costs. Comply the order within one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 12th day of May 2008.




......................Padmini Sudheesh
......................Rajani P.S.