By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
On 11/09/2021 complainant had bought one ceiling fan worth Rs.7000/- and
one oven worth Rs.6,500/- as per bill No.5120 from opposite party shop for his new house. But at the time of housewarming complainant got another fan as gift from his relative. Hence complainant approached opposite party to take back the fan and return the money because complainant had already got another fan at the time of housewarming. But opposite party was not ready to take back the fan and not ready to return the money to complainant. They advised the complainant to take another item instead of the fan. But complainant was in no need of utensils or other household items at that time. In a white paper the opposite party wrote that ‘no refund’ and given to complainant and said to complainant that you can take legal action against me. In this way opposite party challenged the complainant in front of other customers. It is a clear deficiency of service and unfair trade practice from the side of opposite parties.
2. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 7,000/- the cost of the above Fan to complainant Rs.25,000/-as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 5000/- as cost of the proceedings.
3. On admission of the complaint notice was issued to the opposite party and
notice served on them and they appeared before the Commission through their counsel and filed version on 03/03/2022.
4. In their version, they denied all the allegations raised by complainant against them except those which are admitted there under. Opposite party admitted that on 11/09/2021 complainant purchased one fan and oven from their shop and complainant approached them to take back the fan because he had got another fan at the time of housewarming. The other allegations are denied by opposite party. They again stated that they are selling the branded and company items. Hence for getting warranty and other benefits to the complainant, it is the duty of opposite party to intimate the company about the purchase of the item by consumers. The fan which complainant bought had warranty and opposite party informed about the purchase of the item to the company at the proper time. For getting warranty benefits to the complainant, he had issued the warranty card to complainant. Hence it is impossible to take back that kind of articles in which the warranty card already issued.
5. In their version, they again stated that on 11/09/2021 complainant had purchased one fan and one oven from their shop and on 13/09/2021 complainant approached them for returning the oven back to opposite party. On that day also opposite party pointed out the same problems to the complainant, but complainant raised his voice and worsened the situation. Hence they taken back the oven and returned another oven of another company to complainant within two weeks. Again complainant approached opposite party to change the fan he had already bought from opposite party shop. On detailed examination it is seen that the box of the fan had torned and it is seen that the packet was refixed by using tapes. Moreover complainant intimidates the opposite party.
6. In their version they again stated that the warranty of the electronic items had started at the date of purchase and it is unable to sell the product to another person. Hence it is very difficult to take back the Fan due to company warranty reasons. So there is no deficiency of service from their side. Hence complaint may be dismissed. On 24/05/2020 opposite party filed an additional version. In that version they stated the address particulars and details of the company who made the fan.
7. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A2. Ext.A1 is the original tax invoice given by opposite party to complainant at the time of purchasing the fan dated 11/09/2021, Ext.A2 is the white paper mentioned in the complaint that shows ‘’billing amount not refund’’. Thereafter opposite party also filed affidavit and one document and the document marked as Ext. B1. Ext.B1 is the original tax invoice given by opposite party to complainant, when complainant changed the old oven with a new one dated 13/09/2021.
8. Heard complainant and opposite party. Perused affidavit and documents. The following points arise for consideration:-
Whether there is any deficiency of service and unfair trade practice on the part of opposite party.
If so, reliefs and cost
9. Point No. 1 and 2
Case of the complainant is that, the Fan he had purchased from opposite party shop was not taken back by opposite party when complainant tried to return the item. Complainant again stated that, opposite party should take back the fan from him because he had got another fan at the time of housewarming. But opposite party stated that the Crompton Greaves Company who made the fan were not allowing them to take the fan back because company provided the warranty to the customer at the very first day of purchase of the Fan. So they are unable to take the Fan from the complainant because company not directed them so. Hence they provided the address of the company in their additional version for impleading them as opposite party No.2 .
10. After perusing the affidavit and documents filed by both parties, it is seen that as per Ext.A1 complainant had purchased one oven worth Rs.6499.99/- and a Fan worth Rs.7000/- on 11/09/2021 from opposite party shop. As per Ext.A2 it is clear that there is no refund of the amount. But opposite party not even mentioned date in that document. As per Ext.B1 produced by opposite party, it is clear that complainant had changed the Oven on 13/09/2021 which was purchased on 11/09/2021. There is no case for complainant that opposite party assured earlier that they will take back the purchased items at any time. That means there is no case for complainant that opposite party said to them that “ആവശ്യമില്ലെങ്കിൽ തിരിച്ചെടുത്തോളാം”.
11. In their version and affidavit opposite party stated that they are ready to give another item instead of the fan purchased on 11/09/2021. There is no provision for refund of the amount to complainant. Moreover as per Ext.A1, it is seen that opposite party had taken back the oven already sold from complainant and provided another oven instead of that oven. Complainant never denied that document produced by opposite party. Moreover in their additional version opposite party provided the address of the Crompton Greaves Company, the manufacturer of the above Fan. But complainant did not take any steps to implead the manufacturer as opposite party No.2. But opposite party also did not provide the details and directions given by the company to them regarding the warranty card.
12. From the above facts it is seen that opposite party already changed one of the item in Ext.A1 document. Complainant again approached them for changing the second item the fan. In their version and affidavit they are ready to replace the product with another product. They stated that no refund is possible. There is no case for complainant that the product purchased by him from opposite party had defects or it damaged after purchase. Hence there is no deficiency in service from their side. But they did not submit the direction of company regarding the refund and the product return. They simply stated that company will not allow them for refund. Hence it is their duty to refund the product and taken back the product which is now in the custody of this Commission. Hence we allow this complaint.
13. We allow this complaint as follows:-
The opposite party is directed to refund Rs. 7,000/-(Rupees Seven thousand only) the cost of the fan to the complainant. Opposite party is at liberty to taken back the above mentioned fan from this Commission after payment to complainant.
The opposite party is also directed to pay Rs. 2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 7th day of March , 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 & A2
Ext.A1 : Original tax invoice given by opposite party to complainant at the time of
purchasing the fan dated 11/09/2021.
Ext.A2 : The white paper mentioned in the complaint that shows ‘’billing amount
not refund’’.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1
Ext.B1 : Original tax invoice given by opposite party to complainant, when
complainant changed the old oven with a new one dated 13/09/2021.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
