THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.162/2018
Dated this the 22nd day of February, 2019
(Smt. Rose Jose, B.Sc, LLB. : President)
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Hon’ble Smt. Rose Jose, President:
This petition is filed by the petitioner under Section 12 of Consumer Protection Act, 1986 for an order directing the opposite party to refund the amount of Rs.6,930/- paid to the opposite party after taking back the defective shorts and jerseys supplied and compensation for the difficulties suffered due to the unfair trade practice on the part of the opposite party and also cost of the proceedings.
The petitioner is the Secretary of Ladders Football Academy. He is conducting scientific football coaching classes to both boys and girls of the age 8, 10, 12 and 14. The academy is supplying shorts and jerseys to the players free of cost. His case is that he had placed order for 33 numbers of shorts and jerseys with the opposite party and had sent the sample size of the materials and logo for printing on it along with the name of the players and jersey number to the e-mail address of the opposite party on 11/04/2018. The amount fixed for one short and jersey was Rs.210/- and he had deposited Rs.4,000/- as advance amount for the same in the account number of the opposite party 2628055007 with the ICICI Bank Kannur Road Branch, Kozhikode on 17/04/2018. Thereafter on 20/04/2018 he had deposited the balance amount of Rs.2,930/- in the opposite party bank account at the Kallai Branch of ICICI bank.
The petitioner further stated that as per the order, the opposite party sent the materials in a bus to Kozhikode and informed this matter to him over phone and as such he collected the parcel from the conductor of the bus from Mofusel bus terminal, Kozhikode. But on inspection it was found that the name and jersey number of the players printed on the jerseys were changed and the stitching also was not proper and the materials were not fit for the use of the players. Immediately this matter was informed to the opposite party telephonically but the opposite party was reluctant to hear his complaints and had disconnected his call. Thereupon he had returned two sets of shorts and jerseys wherein the name and jersey number was wrongly printed to the opposite party through professional courier on 23/04/2018 and the opposite party had received the same also. But to his surprise instead of redressing his grievances by replacing the defective materials, the opposite party had harassed and threatened him over phone.
The petitioner also stated that, thereafter as the Secretary, Ladders academy, he had sent a registered letter to the opposite party on 24/04/2018 stating the facts and demanding replacement of the defective materials or refund of the paid amount with compensation after taking back the defective materials, but the opposite party refused to accept the letter and it returned undelivered. According to the petitioner the said act of the opposite party is unfair trade practice and also deficiency in service on his part and this caused much mental agony, heavy financial loss and such other difficulties to him and to the children. Hence this petition seeking reliefs.
The notice issued to the opposite party from this Forum returned as ‘refused’. Hence the opposite party set ex-parte.
The petitioner filed affidavit in lieu of his petition and produced six numbers of documents to prove his case and these documents are marked as Ext.s A1 to A6 as evidence on the part of the petitioner. Ext. A1 is the bank receipt for the payment of Rs.2,930/- dated 20/04/2018, Ext. A2 is the professional couriers consignment dated 23/04/2018, Ext. A3 is the postal receipt dated 28/04/2018, Ext. A4 is the returned envelop containing the registered letter dated 28/04/2018, Ext. A5 is the copy of registered letter and Ext . A6 is the copy of the details of the players’ name and jersey size. The opposite party has not filed version challenging the allegations of the petitioner or adduced any evidence to discard the validity of the documents marked as evidence on the side of the petitioner. Hence the case of the petitioner stands unchallenged and proved.
So considering the facts stated and evidence on record, we are also of the opinion that the said act of the opposite party amounts to unfair trade practice and also deficiency in service on his part. It is stated by the petitioner that he had returned 2 sets of defective shorts and jerseys to the opposite party but the opposite party has not replaced it with new one or refund its price. Hence the opposite party is liable to refund the price of that returned products to the petitioner.
In the result, the following order is passed.
The opposite party is ordered to refund Rs.420/- (Rupees four hundred twenty only) ie. purchase price of the said materials along with Rs.5,000/- (Rupees five thousand only) as compensation and Rs.1,000/- (Rupees one thousand only) as cost of the proceedings to the petitioner within 60 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.
Dated this the 22nd day of February, 2019
Date of filing: 11/06/2018
SD/-PRESIDENT SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Bank receipt for the payment of Rs.2,930/- dated 20/04/2018
A2. Professional couriers consignment dated 23/04/2018
A3. Postal receipt
A4. Returned envelop
A4(a). Postal receipt and a/d card
A5. Copy of registered letter
A6. copy of the details of the players’ name and jersey size
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
