IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 28th Day of May 2019
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Smt.S.Sandhya Rani, BSc,LL.B, Member
CC No.203/18
Koshy.M : Complainant
Kankalil House
Edakulangara(Post)
Karunagappally
Kollam-690523
Kerala
V/s
Samson : Opposite party
EI Shaddai CCTV
Security System
Near Panchayath Office
Mynagappally
Kollam-690519
ORDER
E.M.MUHAMMED IBRAHIM , B.A, LL.M,President
This is a case based on a consumer complaint filed under Section 12 of the Consumer Protection Action against the opposite party alleging deficiency in service and unfair trade practice.
The averments in the complaint in short are as follows:-
The complainant has purchased one HKV Digital Video Recorder-04 for Rs.3808/- and 3 HKV Camera 2MP Bullet for Rs.6576/-, 6 BNC Connector for Rs.150/-, 3+1 RG 59 coaxial cable coil(90 mtr) for Rs.1460/-, 3DC Connector for Rs.45/- and one Adaptor SMPS Power Supply for Rs.900/-, 1 TB Hard Disc Drive for Rs.3630/-. The complainant has also paid Rs.1500/- for checking and installing the above instruments. He has also purchased one Audio Surveillance Microphone for Rs.500/-. Altogether he paid Rs.18,500/- by which he paid a cheque for Rs.16,000/- drawn on Indian Bank and Rs.2500/- as cash. However
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out of the 3 camera supplied by the opposite party one camera is not as per the quotation and the same is of low quality. Out of the 90 metres coil cable the opposite party utilised only 40 mtr and the remaining 50 mtr of cable was taken back by the opposite party but not returned the price of the said cable. The micro phone worth Rs.500/- fitted by the opposite party is not working from the date of installation. Though the above equipments were installed the opposite party has not explained its mode of operation to the complainant. The opposite party has also not issued the original bill to the complainant inspite of his repeated request and sending registered letter. Later the complainant filed a petition before the Assistant Police Commissioner Karunagappally praying to direct the opposite party to issue the original bill. He filed fresh complaint before the Circle Inspector of Police as directed by the Assistant Commissioner of Police accordingly the C.I called the opposite party and held a talk and directed the opposite party to issue the bill to the complainant. The petition has been closed by the Circle inspector by entering the admission of the opposite party in the petition registration regarding the issuance of the bill. But till date the opposite party has not complied with the direction of the C.I. The complainant sustained mental agony apart from financial loss and therefore the complainant is entitled to get refunded the price of the above equipments worth Rs.18500/- , compensation to the tune of Rs.10,000/- and Rs.10,000/- as costs of the proceedings. The complainant has also produced copy of the documents along with complaint.
In response to the notice the opposite party entered appearance on 15.10.18. Though specific postings were given to the opposite party for filing version, he has not filed any version. Hence the forum decided to proceed without version and posted the case for recording evidence.
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The complainant has been conducting the case by himself. He filed proof affidavit by re-iterating the averments in the complaint and got marked Ext.A1 to A4 documents. Ext.A1 is the quotation dated 07.02.18 issued by the opposite party in favour of the complainant offering 7 products such as CC TV dealt with by him and its price and also indicating the installation charges. Ext.A2 is the notice issued by the complainant to the opposite party which would indicate that the opposite party has installed the CC TV camera and other equipment connected with the same and obtain Rs.18069/- as stated in Ext.A1 quotation. The unchallenged averments in the proof affidavit and Ext.A2 notice would indicate that out of the 90 mtr of cable coil the opposite party has used only 40 mtr and price of the remaining 50 mtr has not been refunded, that the mode of operating the system has not been explained to the complainant and therefore CC TV has not been functioning, that the opposite party has obtained Rs.500/- towards one additional speaker and thereby the opposite party has obtain altogether Rs.18,500/- from the complainant. It is also brought out that inspite of the repeated request of the complainant the opposite party has not issued original bill relating to the above equipments. The complainant has also intimated the opposite party by sending Ext.A2 notice regarding the defects and requesting to cure the defects. But the opposite party has not turned up which is clear from Ext.A3 complaint filed before the Assistant Commissioner of Police. The averments in the affidavit would further indicate that as per the oral direction issued by the forum during settlement talk the opposite party has issued Ext.A4 bill to the complainant and also returned the price of the defective micro phone worth Rs.500/- and Rs.800/- being the value of unused cable. It is clear from the complaint and unchallenged averments in the affidavit that the mode of operation to the CC.TV has not been explained by the complainant till 15.10.18 and therefore the complainant could not make use of the system. Hence there is deficiency in service on the part of the opposite party.
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Though the complainant has made complaint before the opposite party regarding the non-working of the CC TV camera system the opposite party has not cured the defect and the same was cured only after filing the present complaint before the forum and also after issuing oral direction by the forum. It is also clear from the available materials that the opposite party has installed a low quality camera as against the quotation which amounts to unfair trade practice. According to the complainant the above act of the opposite party has caused much mental agony apart from financial loss to him. We find force in the above argument of the complainant. In the circumstance the complainant is entitled to get compensation to the tune of Rs.10,000/- and Rs.5000/- as costs of the proceedings.
Though the complainant would claim Rs.18,000/- as the value of the CC TV camera and other equipment, he has no case that it is not functioning at present. It is true that the same remained without functioning till the opposite party cured the defects and he has also explained the modus operandi of the system of the CC TV camera. The averments in the complaint would clearly indicate that the CC TV camera and allied equipments installed at the premises of the complainant is now functioning properly. Therefore the claim of the complainant that is entitled to get back the price of the CC TV camera is not allowable.
The unchallenged averments in the affidavit coupled with Ext.A1 to A4 documents would establish primafacie that the opposite party has committed deficiency in service and unfair trade practice in the deal. Hence the complainant is entitled to get a reasonable compensation and costs of the proceedings. In the result the complaint stands allowed in part in the following terms.
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Opposite party is directed to pay Rs.10,000/- as compensation and Rs.5000/- as costs of the proceedings within 30 days from the date of receipt of a copy of this order failing which the complainant is allowed to recover Rs.10,000/- with interest @ 9% p.a from the date of complaint till realisation along with costs of Rs.5000/- from the complainant by resorting Section 25&27 of the Consumer Protection Act.
Dictated to the Confidential Assistant Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 28th day of May 2019.
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.A1 : Photo Copy of Quotation dated 07.02.18
Ext.A2 : Photo Copy of notice issued by the complainant to the
opposite party
Ext.A3 : Photo Copy of complaint filed before the Assistant
Commissioner of Police
Ext.A4 : Photo Copy of cash bill
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Forwarded/by Order
Senior Superintendent
