SMT. MOLYKUTTY MATHEW : MEMBER

            This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for getting an order directing the opposite party to cure the defects of the CCTV camera with a new one or the value of the camera along with Rs.1,00,000/- as  compensation for mental agony caused to the complainant and cost of  litigation to the complainant  for the deficiency of service and unfair trade practice on the part of opposite party.

The brief of the complaint

            The complainant is working at abroad and his age old parents are living in the house at Kannur.  The complainant had purchased the CCTV camera and all related accessories including its installation from OP on 20/06/2022.  He paid a total amount of Rs.47,631/- to OP.  The complainant had paid the amount through internet banking dated 20/06/2022 to 23/06/2022.  At the time of purchasing the product the OP assured that the product is having 5 year warranty also.  But after 3 months of purchase the product become defective and not working.  The camera number 6(six) has failed multiple times before and is not working.  Then the complainant informed the matter to OP and they came on 12/09/2023 and 13/09/2023 and replaced some articles are not included in warranty and the technicians received Rs.3011/- from the complainant.  Then again the CCTV camera is in defective the complaint send message through whats app on 29/09/2023, 10/10/2023(2 times in different phone), on 16/10/2023 in  3 times in different phone.   But after receiving phone calls the OP is not ready to cure the defect of the CCTV camera.  The complainant states that the OP had installed the work in his house in at different dates ie. on 20/06/2022 to 25/06/2022.  He paid a total amount of Rs.47,631/- to OP.  The installation of the CCTV in his house is protect only his age old parents in this house and the security threat to his house, any 3^rd parties who could engage in criminal activity etc.  The repeated demand of complainant the OP is not ready to cure the defect of the CCTV Camera.  The act of OPs the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

            After filing this complaint notice issued to OP.  The notice returned as the endorsement intimation given to OP.  But the OP not appeared before the commission and not filed the version.  Ultimately the commission had to hold that the OP has no version filed before the commission as such this case came to be proceed against the OP as absent and set ex-parte. 

Even though the OP remained absent in this case it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant was called up on to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 2 documents marking them Ext.A1 and A2.  Ext.A1 is the bank statement accounts of the complainant from 1/1/2020 to 20/12/2023.  As per Ext.A1 the value of CCTV for Rs.44,620/- and the additional fitting charges of Rs.3,011/- also received  by the OP.  But the defects caused in the warranty period, The OP is liable to repair the CCTV within the warranty period is at free of cost.  But the OP received Rs.3011/-  as repair charge from Complainant.  Ext.A2 is the notice issued by complainant to OP dated 30/10/2023.  It clearly shows that on 29/09/2023 itself the complainant informed the matter to OP.  Thereafter on 29/09/2023, 10/10/2023 in phone No.9446325002 and Phone No.9446426002 in (2 times) informed to OP.  Then on 16/10/2023 telephoned in 9446325002, 9446325002 and 9446426002 (3 times) informed to OP the same complaint.  The defects occurred in the warranty period the OP is bound to redressal the grievance caused to the complainant.  But the OP fails to do so.  The act of OP the complainant caused much mental agony and financial loss. Under this circumstances we are of the considered view that the OP is liable to replace the CCTV with a defect free new one to the complainant or to refund the value of CCTV with additional fittings amount (Rs.44620+Rs.3011) of Rs.47,631/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant Rs.5,000/- as litigation cost.

            In the result the complaint is allowed in part directing the opposite party to replace the CCTV in a defect free new one to the complainant or to refund the value of CCTV and addition fittings charges (Rs.44620+Rs.3011) of Rs.47,631/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant  Rs.5,000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs. 47,631/- carries 12% interest per annum from the date of order till realization. Failing which, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exhibits for complainant

A1- Bank Statement

A2 – Notice send to OP

     Sd/                                                                                  Sd/                                                          Sd/

PRESIDENT                                                                 MEMBER                                               MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

                                               /Forwarded by order/

                                                 Assistant Registrar