SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019 seeking direction  against the  OP to pay Rs.2400/- towards the advance amount and also pay Rs.25,000/- as compensation.

Complaint in brief :-

   The complainant had booked Meter assembly part of Maruti Alto car with OP on payment  of  advance  amount of Rs.2400/-.  The OP assured that they will deliver the said item within 25 days as the item was out of stock.  But the item was not received by complainant even after 36 days of booking.  The complainant contacted OP over phone and OP replied that the said item is also not in stock with Maruti.  Even so far  the complainant not received the product  he ordered.  The complainant suffered physical and mental hardship due to deficiency in service from the part of OP and hence this complaint.

         After filing the complaint,  commission sent notice issued to OP and it was duly served to OP. The OP has not  appeared before the commission and not filed any version.  Ultimately the commission had to   hold that  the OP has no version  as such in this case  came to be  proceed against the OP as set exparte.

         Even though, the opposite party has  remained ex-parte, it is for the complainant to establish the allegation 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 one document ,marked as Ext.A1 ,is the temporary receipt issued by OP dtd.23/3/2023.  The complainant was examined as PW1. So the OP is remain absent in this case.  At the end the commission heard the case on merit.

      Let us have clear glance at the relevant document of the  complainant.  As the OP get fair chance to appear and defend the case they choose to remain exparte, hence the commission looked into the evidence brought by complainant.  On the perusal of Ext.A1, it is seen that an amount of Rs.2400/- paid  to OP on 23/3/2023 and the  receipt is given as  temporary receipt.  Hence the averment regarding the payment of advance amount is true and it can be  presumed that the spare part ordered by the complainant is not fulfilled even after the payment of advance amount and thereby OP is liable to the deficiency in service and complainant is entitled to get compensation and cost.  Hence this commission came into a conclusion that  there is deficiency in  service on the part of OP and the OP is directed to refund the amount paid by the complainant since the issue was not resolved. It will meet the ends of justice.   Hence the complaint is allowed in part.  Accordingly  we proceed to pass the following .

       In the result complaint is allowed in part.  The opposite party is directed to refund the advance amount of Rs.2400/- which was paid b y the complainant to  purchase Meter assembly for his car and also pay Rs.5000/- as   compensation cum  cost of litigation to the complainant within 30 days of receipt of this order.   Failing which complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.

Exts:

A1- Temporary receipt

PW1-Rameshan.V- complainant

 Sd/                                                      Sd/                                                 Sd/

PRESIDENT                                  MEMBER                                     MEMBER

Ravi Susha                                  Molykutty Mathew                          Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR