SRI. SAJEESH.K.P : MEMBER
The Complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OP to refund the purchase price of bicycle and compensation and cost.
The complainant in brief :
On 5/5/2024, complainant purchased a bicycle for her son from the OP. After the purchase the purpose of buying bicycle was never meet and the said bicycle was taken to OP and they rectified the complaint. But, the defect was pertained and even after the service of OP, the complainant cannot enjoy the service of bicycle and the OP told that they cannot do anything with regard to the defects sustained by bicycle. Hence this complaint.
After filing the complaint, commission sent notice to OP. The OP received the notice and not appeared before the commission and not filed any version. The commission had to held that the OP has no version as such this case came to be proceed against the OP is set exparte.
Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by her against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and document. Accordingly the complainant has chosen to produce her affidavit along with one document marked as Ext.A1 . Ext.A1 is the tax invoice issued by OP dtd.5/4/2024. The complainant was examined as PW1. So the OP remained absent in this case. At the end the commission heard the case on merit.
Let us consider the evidences before the commission in order to answer the issue of deficiency in service. As the OP was given sufficient opportunity to appear and defend the case, they chose to remained ex-parte. On the perusal of Ext.A1 , it is clear that bicycle was purchased for an amount of Rs.6500/- and the purchase date was 5/4/2024. As per the complaint and proof affidavit complainant stated that the bicycle frequently met with some sort of defects, which the bicycle cannot be used by her son. The OP being exparte the said averments are not disputed. Eventhough there is no evidence to show that the bicycle met with frequent defects, except complaint as well as affidavit. And moreover, the complainant filed complaint before the commission within one month from the date of purchase. Further the complainant stated in the proof affidavit that the bicycle is still in the custody of OP. Hence considering all these facts the commission came into a conclusion that the OP practiced deficiency in service and the complainant is entitled to get the bicycle repaired with free of cost or in default the OP is liable to refund the purchase price of bicycle and also eligible for compensation and cost of litigation.
In the result the complaint is allowed in part. The opposite party is directed to rectify the defect of bicycle of free of cost within one month from the date of receipt of this order, otherwise the opposite party is directed to pay Rs.6500/- towards the purchase price of bicycle to the complainant. The Opposite party is also directed to pay Rs.5000/- as compensation and Rs.3000/- as cost of litigation to the complainant. In default the amount of Rs. 6500/- carries interest @7% per annum from the date of order till realization . Failing which complainant is at liberty to file execution application against the opposite party as per the provisions of Consumer Protection Act 2019.
Exts
A1-Original tax invoice
PW1-Soya.N-complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew. Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
