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
Thursday the 12th day of October 2023
CC.253/2020
Complainant
Nannu.K.K,
S/O Kannan,
Residing at Chettikuni (HO),
P.O. Villiyapalli, Vadakara,
Kozhikode – 673542
(By Adv. Sri. Kunhi Moosa.V.K)
Opposite Parties
- Rajan.P.K,
Pee Key Enterprises (Dealer of Motor Pump,
Hardware, Paint, Sani wear and Electricals)
Main Road, Villyappalli,
Villyappalli.P.O,
Kozhikode – 673542
2. The Proprietor/Manager,
Bindu Engineering Industries,
3rd Main Road,
Andakkapalam,
Vellanaipatti, Coimatore,
Tamil Nadu - 641006
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under the Consumer Protection Act alleging unfair trade practice and deficiency of service on the part of the opposite parties.
- The case of the complainant, in brief, is as follows:
On 21/03/2020 the complainant purchased one open well submersible pump set from the opposite party paying Rs. 7,500/-. The pump set has been guaranteed for a trouble free service for a period of 2 years. But it became defective and the complaint was reported to the 1st opposite party on 25/05/2020. Pursuant to the complaint, the 1st opposite party checked the pump set, but nothing had been done to repair the same. The 1st opposite party promised to take up the matter with the 2nd opposite party, who is the manufacturer, and do the needful. But no positive action was there from the part of the opposite parties to redress his grievance. On 27/05/2020 the complainant issued a lawyer notice to the 1st opposite party, butthere was no response. The defect in the pump set is because of the poor workmanship of the manufacturer. The complainant was put to gross mental agonyand hardship due to the negligence and deficiency of service on the part of the opposite parties. Hence the complaint to direct the opposite parties to refund the price of the pump set along with compensation of Rs. 10,000/-.
- The opposite parties were set ex-parte.
- The points that arise for determination in this complaint are;
(1) Whether there was any deficiency of service or unfair trade practice on the part of the opposite parties, as alleged?
(2) Reliefs and costs.
- The complainant was examined as PW1 and Exts.A1 to A3 were marked.
- Heard.
- Point No. 1: The complainant has approached this Commission with a grievance that the open well submersible pump set purchased by him from the 1st opposite party became defective and there was gross neglect on the part of the opposite parties to address his concerns over the pump set. The 2nd opposite party is the manufacturer. The complainant is seeking refund of the price of the pump set and also compensation from the opposite parties.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred that the pump set became defective and the opposite parties neglected to repair the same. Further it is averred that the pump set is presently in the possession of the 1st opposite party on the understanding that it would be replaced with a new one of the same description, but nothing happened thereafter. Ext.A1 is the operators manual, Ext.A2 is the copy of the lawyer notice dated 27/05/2020 and Ext.A3 is the postal acknowledgment card.
- The evidence of PW1stands unchallenged. The opposite parties have not turned up to file version. They have 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. There is no contra evidence to disprove the claim of the complainant. Unfair trade practice and deficiency of service on the part of the opposite parties stands proved. The pump set is in the possession of the 1st opposite party on the promise of replacement, but opposite parties have not replaced the same. The complainant was able to use the pump set only for a short period. There was deficient service on the part of the opposite parties in not attending the grievance of the complainant. The complainant is entitled for refund of the purchase price of the pump set amounting to Rs. 7,500/- .The complainant was put to gross mental agony due to the unfair trade practice and deficiency of service on the part of the opposite parties, 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. 5,000/- will be reasonable compensation in this case. The complainant is also entitled to get Rs. 3,000/- as cost of proceedings. The opposite parties are jointly and severally liable.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.253/2020 is allowed in part.
b) The opposite parties are hereby directed to refund Rs. 7,500/- (Rupees seven thousand five hundred only) to the complainant, being the price of the pump set.
c) The opposite parties are directed to pay sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant.
d) The opposite parties are directed to pay a sum of Rs. 3,000/-(Rupees three thousand only) as cost of the proceedings to the complainant.
e) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 7,500/- shall carry an interest of 6% per annum from the date of this order till actual payment.
Pronounced in open Commission on this, the 12thday of October, 2023.
Date of Filing: 11-12-2020
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PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Operators manual.
Ext.A2 – Copy of the lawyer notice dated 27/05/2020.
Ext.A3 – Postal acknowledgment card.
Witnesses for the Complainant
PW1 - Nannu.K.K (Complainant)
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PRESIDENT MEMBER MEMBER
True Copy,
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Assistant Registrar
