D.O.F:07/06/2022

                                                                                                     D.O.O:13/12/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD

CC.No.111/2022

Dated this, the 13^th day of December 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

K.P.Krishnan

Erippil (H)

Moonnu Road,                                                                     : Complainant

Madikkai, P.O. Erikkulam

Via Nileshwar

Kasaragod

                                                            And

Sales Executive,

M/S H.B.C, Hindustan Business Corporation

Sara Complex, South Bazar                                                                      : Opposite Party

Payyannur (Reg:No. 248/07)

ORDER

SMT.BEENA.K.G    : MEMBER

The brief facts of the case is that the Opposite party has introduced a new model fan of Hindusthan business corporation “Blue berry” to the complainant and described its advantages.  The price of the aforesaid fan was offered to be Rs. 4,990/-. The aforesaid fan has a very less sound and functioning properly.  The Opposite party has agreed to purchase complainants old table fan for Rs. 1,500/- and the balance amount of Rs. 3490/- will be given after delivery.  The Opposite party has received an advance amount of Rs. 300/- from the complainant.  The Opposite party offered to deliver the fan on 15/05/2022.  But actually delivered on 22/05/2022.  The new fan functions with an irritating sound.  The sales executive of Opposite Party offered to give a soundless fan after some time and collected the entire balance amount of,  Rs.3,490/- from the complainant.  Even after two months of receiving the entire amount, Opposite party failed to deliver the new fan to the complainant. 

            The notice of Opposite Party served but he remained absent, name of Opposite party called absent set exparte.

            The complainant filed proof affidavit in lieu of chief examination, documents produced are marked as Ext A1 and A2.

The issues raised for consideration are

1. Whether there is deficiency in service/unfair trade practice on the part of Opposite party?
2. If so what is the relief?

For convenience  issues No 1 and 2 can be discussed together.  The executive of Opposite party visited the complainant and described the advantages of blue berry fan and the Opposite party was ready to purchase the complainants old fan and collected advance from the complainant.  The Opposite party delivered the fan which has an irritating sound, Opposite party offered to deliver a soundless new fan in alternate and collected the entire amount from the complainant.  But so far the fan is not delivered.  The non-delivery of the fan in time after receiving the price from complainant amounts to unfair trade practice and deficiency in service.  The Complainant is entitled to get either the fan or its price.  Considering the situation of the complainant we holds that refunding of the price of the fan is a reasonable remedy in this case. 

      Therefore complaint is allowed directing Opposite party to refund Rs.4,990/- with a compensation or Rs.5,000/- (Rupees Five Thousand only) along with a cost of Rs. 3,000/-(Rupees Three Thousand only)

The time for compliance is 30 days from the receipt of the copy of this judgment.

     Sd/-                                                   Sd/-                                                             Sd/-

MEMBER                                    MEMBER                                      PRESIDENT

Exhibits

A1: Warranty Registration Card

A2: Payment slip  

     Sd/-                                                  Sd/-                                                        Sd/-

MEMBER                                    MEMBER                                      PRESIDENT

      Forwarded by Order

                                                                                           Assistant Registrar

Ps/