THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.438/2017

Dated this the 1^st day of February, 2019

(Smt. Rose Jose, B.Sc, LLB.               :  President)

                                                                       Sri. Joseph Mathew, M.A., L.L.B.      :  Member

ORDER

Present: Hon’ble Sri. Joseph Mathew, Member:             

This petition is filed under Section 12 of Consumer Protection Act, 1986.

The case of the petitioner is that, he had purchased a TV from the 1^st opposite party shop manufactured by Sharp Company on 10/10/2017 for Rs.21,000/-. The opposite party offered a sound bar speaker (230V AC 50 Hz) a product of Philips Company worth Rs.10,000/- or a discount of Rs.3,000/- for the said TV and attracted by this offer he had purchased the said TV. The petitioner stated that since there was no ready stock with the opposite party, they have provided the sound bar speaker after 10 days of the purchase of the TV. But the system was not upto the standard or worth Rs.10,000/- as stated by the opposite party and was defective and not properly functioned also. So he returned the same to the opposite party and demanded to give the offered discount amount of Rs.3,000/- after taking back the defective sound bar speaker. But the opposite party was not ready and refused his demand and told him that they will give only Rs.500/- if he want. The petitioner stated that after advertising mega offers and not acting as per the advertisement is unfair trade practice on the part of the opposite parties and this caused much financial loss, mental agony and other hardships to him. Hence this petition is filed to direct the opposite parties to pay him Rs.25,000/- as compensation for his sufferings and also cost of the proceedings.

The opposite parties No. 1 and 2 appeared but didn’t file version. Hence they set ex-parte. The petitioner filed I.A.257/2018 for deleting the 3^rd opposite party from the opposite party array. Hence the 3^rd opposite party was deleted from the opposite party array.

The petitioner filed affidavit in lieu of his petition and produced documents in support of his averments and these documents are marked as Ext.s A1, A2 and A2(a) as evidence on the side of the petitioner. Ext. A1 is the Tax Invoice for the purchase of the TV dated 10/10/2017 for Rs.21,000/-. Ext. A2 is the copy of specifications of the LCD TV and Ext. A2(a) is the copy of specifications of the sound bar speaker. According to the petitioner the sound bar speaker given to him as an offer while purchasing the TV was not upto the standard or worth Rs.10,000/- as stated by the opposite parties and was defective also. So he demanded to give him the offered discount amount of Rs.3,000/- after taking back the sound bar speaker but the opposite parties refused his demand. The said act of the opposite parties is unfair trade practice on their side. The opposite parties didn’t file version challenging the allegations of the petitioner or adduced any evidence rebutting the veracity of the documents marked as evidence on the part of the petitioner. Hence the case of the petitioner stands unchallenged and proved.

Considering the facts of the case and evidence on record we are also of the view that the said act of the opposite parties amounts to unfair trade practice and so they are liable to compensate the petitioner for his sufferings.

Hence the following order is passed.

The opposite parties No. 1 and 2 are ordered to pay the offered discount amount of Rs.3,000/- (Rupees three thousand only) to the petitioner along with Rs.2,000/- (Rupees two thousand only) as compensation for the unfair trade practice committed by them and Rs.1,000/- (Rupees one thousand only) as cost of the proceedings within 30 days from the date of receipt of this order. Failing which the whole amount will carry 9% interest per annum from the date of default till payment. The opposite parties can take back the defective sound bar speaker from the petitioner if it is with him, on payment of the ordered amount.     

Dated this the 1^st day of February, 2019

Date of filing: 05/12/2017

                           SD/-PRESIDENT                 SD/-MEMBER

 APPENDIX

Documents exhibited for the complainant:

A1. Tax Invoice for the purchase of the TV dated 10/10/2017

A2. Copy of specifications of the LCD TV

A2(a). Copy of specifications of the sound bar speaker

Documents exhibited for the opposite party:

Nil

Witness examined for the complainant:

None

Witness examined for the opposite party:

None                                                              

Sd/-President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT