O R D E R

Sri.NishadThankappan (Member II):

                        The complainant has filed this complaint u/s 35 of the Consumer Protection act 1986 for getting a relief from the opposite party.

                    2. Mr. Ajeesh M.S filed this complaint before the commission seeking an appropriate order. The case of the complainant is that:

On 25/07/2020 the complainant purchased a Hero Glide TX (Electric Bicycle) worth Rs. 20,737/- from opposite parties shop ‘Riders cycle’ mart at Ranni.  The opposite partywas failed to issue the proper bill and warranty card to the complainant at the time of purchase.  Two days late the bicycle stopped working.  On 28 July 2020 complainant returned the product to the opposite parties shop, as per the direction of them.  The complainant repeatedly asked for the bill the opposite party has sent the bill and warranty card to the complainant through whatsapp on 30^th July.  There after opposite party informed that they were given the charger of newly purchased bicycle to a local workshop for repair.  As per the warranty papers the product need to get complete 1 year warranty by the Hero Company.  The complainant had made two complaints before the Hero company against the dealer on 30 July and 4^th August 2020.  During that period complainant visited the opposite parties shop several times and they said product will be received soon.  At that same times complainant reveals his willingness to pay extra amount for upgrading and replace the product.  Since then the opposite party has not been picking up the phone calls of the complainant and has not given any information about the damaged bicycle. 

3. The complainant sends a legal notice to the opposite party but the opposite party did not give replay.  At the time of purchasing the opposite party promised that the electrical bicycle has good quality and one year warranty.  But the opposite party intentionally ignores the said promises. The complainant suffered much hardship loss and mental agony on the deficiency in service from the opposite party.  Hence this complaint.

4. Notice served from the commission to opposite party.  But they did not appear before the commission so they called absent and set ex-parte.

The point arose for consideration is:

(1) Whether there is any deficiency in service from the part of

opposite party?

(2) What relief the complainant is entitled to?

5. In order to substantiate the contention of the petitioner he had filed the proof affidavit along with the document.  Ext. A1 to A6 marked.  Ext. A1 is the copy of the bill dated: 25/07/2020.  Ext. A2 is the whatsapp chat of digital copy of bill send by the opposite party.  Ext. A3 is the whatsapp chat of demanding the bill.  Ext. A4 is the copy of warranty application and complaint dated: 30/07/2020.  Ext. A5 is the whatsapp chat. Ext. A6 is the legal notice dated: 21/08/2020.

6. Notice served the opposite party and they did not appear before the commission.  So they called and set ex-parte.  An overall reading to the entire facts and circumstances of this case.  We are of the strong view that the complainants allegations are to be treated as reasonable one.  All the issues are found in favour of the complainant. 

7. Hence the petition allowed. The opposite party is directed to pay the invoice amount of the bicycle Rs. 20,737 (Twenty Thousand Seven Hundred and Thirty Seven only) to the complainant and Rs. 8,000/- (Rupees Eight Thousand only) as compensation due to the negligence unfair trade practice and illegal preparation of bills to the opposite party.  We direct the opposite party to pay the said amount within 30 days from the date of receipt of this order.  Failing which the amount shall carry 12% interest per annum from the date of default till its realization.

     Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 29^thday of January, 2021.

                                                                                             (Sd/-)

                                                                           Sri.NishadThankappan

 (Member-II)

Sri.George Baby(President)              :          (Sd/-)

Smt. N. ShajithaBeevi (Member-I)   :          (Sd/-)

                                                      Appendix:

Witness examined on the side of the complainant:

PW1:Ajeesh M.S

Exhibits marked on the side of the complainant:

A1: copy of the bill dated: 25/07/2020.

A2: The whatsapp chat of digital copy of bill send by the opposite party

A3: whatsapp chat of demanding the bill.

A4: copy of warranty application and complaint dated: 30/07/2020.

A5: The whatsapp chat.

A6: legal notice dated: 21/08/2020.

Witness examined on the side of the opposite parties:Nil.

Exhibits marked on the side of the opposite parties: Nil.

Copy to:-

1. Ajeesh M.S,

MukkathuThadathil,

Adichippuzha,Ranni, Perunadu – 687111.                                

                    2. The Proprietor,

          Riders Cycle Mart,

          Ottapinal Arcade,Ranni – 689672.

                            3. The Stock File.