SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to  refund the value of  Vacuum Mopp for an amount of  Rs.18,999/-  to the complainant along with  Rs.10,000/- as compensation for mental agony caused to the complainant and cost of the  proceedings for the  deficiency of service and unfair trade practice  on the part of OP.

  The brief of the complaint :

       The complainant’s son Nidhin had purchased MI Robot Vacuum Mopp   through  Amazone online for the use of the complainant.  The products serial No. was 29062/00039514 dtd.10/2/2023 for an amount of  Rs.18,999/-.  After the purchase of Vacuum Mopp the product became defective within 5 months.  Then the complainant informed the matter to OP through  e mail on 2/7/2023 and the   complaint registered as token  No.M6556010.  But the OP had not repaired.  Then again the complainant registered the complaint on 21/8/2023 with token No.M64855053. Thereafter the service engineer came to complainant’s house and taken the defective vacuum mopp and he agreed to repaired the Mopp within few days.  But the OP’s technician not to solve the problem of the said mopp and not returned the vacuum  mop to the complainant.  Then the complainant telephoned the OP in several times.  But the OP not respond it. Then the complainant is constrained to purchase another mop for his use.  The complainant submits that the defects of the vacuum  mop occurred in the warranty period and the OP has liable to cure the defects with free of cost in the warranty period.  So the OP fails to do. The act of  OP the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing the complaint, notice  issued to  OP . The OP received the notice and not appeared before the commission and not filed version . The commission had to hold that the OP has not  appeared before the commission and no version.  As such this case came to be proceed against the  OP as  set  exparte.

    Even though the OP remained ex-parte it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents.   Accordingly the  complainant has chosen to produce  his affidavit along with 4 documents marking them as Exts.A1 to A4. 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 have a clear glance at the relevant documents of complainant. On 10/2/2023 the complainant had purchased MI Robert Vacuum  Mopp through Amazone online for his  son Nithin.  He paid an amount of  Rs.18,999/- and the bar code serial No.29062/00039514 marked as Ext.A1 ,and the tax invoice shown as Ext.A2.  Ext.A3 is the  complaint filed by the Nithin before Kannur Town Police station  dtd.6/10/2023.  Ext.A4 is the service request details.  So it is clear that after the purchase of Robot Vacuum Mopp within 5 months it became defective.  So many times the  complainant informed the matter  to OP.  At last the technician of OP taken the mopp from the  complainant’s house and not repaired or return back to the complainant.   Then the complainant constrained to purchase another mop.  So the OP directly bound to redressal the grievance caused to the complainant. The act of OP  the complainant caused much mental agony and  financial loss.  Therefore we hold that there is deficiency in service and unfair trade practice on the part of  OP and the OP is liable to refund Rs.18,999/- to the complainant along with Rs.7000/- as compensation  for mental agony caused to the  complainant and  Rs.3000/- as litigation cost.

           In the result, the complaint is allowed in part directing  the opposite party  to refund Rs.18,999/- to the complainant along with Rs.7000/- as compensation  for mental agony caused to the  complainant and  Rs.3000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.18,999/- carries interest@ 12% per annum  from the date of order till realization.  If opposite party fails to comply the order, the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1- Copy of bar code

A2-Tax invoice

A3- Receipt issued by Kannur Town police

A4- Copy of service request

PW1-Pavithran .N.v- complainant.

Sd/                                                                    Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                     MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR