BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P.V.JAYARAJAN                                           :  PRESIDENT

SMT. PREETHA G. NAIR                                     : MEMBER

SRI. VIJU V.R                                                          : MEMBER

     C.C. No. 404/2022      (Filed on 03.11.2022)

ORDER DATED: 28.06.2024

Complainant:

Rajesh M., Vayalarikathu Veedu, Cheruvaikkal, Sreekariyam P.O., Thiruvananthapuram-695 017.

(Party in person)

Opposite parties:

1. Sandeep, Santhosh Metals, Near Vegetable Market, Chalai P.O., Thiruvananthapuram-36.

                          (By Advs. R.K. Rajeswari &Sivaprasad)

2. Proprietor, Stove Kraft Ltd., Regd. Office II-81, Harohalli Industrial Area, Kanakapura Taluk, Ramankara District, Bangalore Rural-562 112.

ORDER

SMT. PREETHA G. NAIR : MEMBER

The case of the complainant in short is that on 10.08.2021 the complainant purchased one Pigeon mixi from the 1^st opposite party for an amount of Rs.3,000/-.  After three days, the mixi became not working and the complainant had entrusted it with the 1^st opposite party for repair.  The 1^st opposite party repaired the mixi and returned it to the complainant.  But after two days, the mixi again became not working and the complainant informed the same to the 1^st opposite party.  But the 1^st opposite party had not repaired the mixi and informed that they had sent message to the company.  But there was no response from the company.  The act of the opposite parties amounts to deficiency in service.  Hence this complaint.

After accepting the notice, the 1^st opposite party entered appearance and filed vakalath.  The 1^st opposite party filed version on 02.03.2023.  Since the version was not filed within the statutory time limit, the same was not accepted.  The 2^nd opposite party was called absent and set ex-parte on 04.01.2023. 

Complainant filed proof affidavit and documents.  Exts. P1 to P4 were marked from the side of the complainant.  1^st opposite party filed argument note. 

Issues to be considered are:

1. Whether there is any deficiency in service on the part of the opposite parties?
2. Whether the complainant is entitled for the reliefs sought for?

Issues (i) & (ii): We have perused the relevant documents on record.  Ext. P1 is the copy of bill issued by the1^st opposite party for an amount of Rs. 3,000/-.  Ext. P2 is the copy of the warranty card dated 10.08.2021.  Ext. P3 is the photos of the mixer grinder.  Ext. P4 is the copy of the service message.  The 2^nd opposite party being declared ex-parte and the 1^st opposite party has not filed version, there is no contra evidence to discredit the evidence adduced by the complainant.  Hence the evidence adduced by the complainant stands unchallenged.  In the absence of any contra evidence from the side of the opposite parties, we accept the evidence adduced by the complainant.  By swearing an affidavit as PW1 and marking Exts. P1 to P4 documents, we find that the complainant has succeeded in establishing his case against the opposite parties.  Hence we find that there is deficiency in service on the part of the opposite parties.  From the evidence available before this Commission we find that the complainant has suffered mental agony and financial loss due to the deficiency in service on the part of the opposite parties.  As the mental agony and financial loss to the complainant was caused due to the deficiency in service on the part of opposite parties, the opposite parties are liable to compensate the complainant for the loss sustained.  In view of the above discussion, we find that this is a fit case to be allowed in favour of the complainant. 

In the result, the complaint is allowed.  The opposite parties are jointly and severally directed to pay a sum of Rs. 3,000/- (Rupees Three Thousand only) as price of the mixi and pay a sum of Rs. 5,000/- (Rupees Five Thousand only) as compensation along with Rs. 2,500/- (Rupees Two Thousand Five Hundred only) towards the costs of the proceedings to the complainant within 30 days from the date of receipt of this order failing which, the amount except cost shall carry interest @ 9% per annum from the date of order till the date of realization.  After compliance of the order the opposite parties can take back the mixi from the complainant. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 28^th day of June 2024.

              Sd/-

P.V.JAYARAJAN                : PRESIDENT 

               Sd/-

PREETHA G. NAIR           : MEMBER  

             Sd/-

                                                      VIJU V.R                          : MEMBER

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C.C. No. 404/2022

APPENDIX

  I      COMPLAINANT’S WITNESS:

          PW1  - Rajesh M.

II       COMPLAINANT’S DOCUMENTS:

          P1     - Copy of bill issued by opposite party for Rs. 3,000/-

          P2     - Copy of warranty card

          P3     - Copy of photos of the mixi

          P4     - Copy of service message

III      OPPOSITE PARTY’S WITNESS:

                   NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                   NIL

                                                                                             Sd/-

                                                                                      PRESIDENT

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