DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Tuesday the 28th day of February 2023
C.C.21/2023
Complainant
Sudhan P,
Pulparambil House, Near Kuniyilkkavu,
Eranhipalam (PO),
Kozhikode-673 006.
Opposite Party
Shamil P P,
Managing Director,
Giza’s Sphinx Publishers LLP,
Fourth Floor, Emarald Mall,
Near Big Bazar, Mavoor Road,
Kozhikode -673 004.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 24-02-2022 the complainant ordered the book named ‘LITTLE LAMP’, which is meant for children. The number of books ordered was 12, one in each month. The order was made online. He paid to the opposite party Rs.500/- as Google pay on 24-02-2022. But even after several months, even the first book wasnot received. After several requests, one book reached the complainant in his office address. The remaining books were not received in spite of repeated requests. Hence the complaint seeking compensation of Rs.10,000/- from the opposite party.
3. The opposite party was set ex-parte.
- The points that arise for determination in this complaint are :
- Whether there was any unfair trade practice or deficiency
of service on the part of the opposite party, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Exts A1 and A2 were marked.
- Heard.
- Point No.1 – The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that the opposite party failed to supply the books ordered by the complainant in spite of having received payment from him.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the proof affidavit that though he had made payment for 12 books (1 each every month), he received only one book and that too after long delay and repeated requests and the remaining books are not yet received. Ext A1 is the screenshot of Google transaction and Ext A2 is the print out of the Whats App communications.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. Unfair trade practice and deficiency of service on the part of the opposite party are established and proved. The complainant is entitled to get reasonable compensation from the opposite party. Considering the entire facts and circumstances, we are of the view that an amount of Rs. 3,000/- will be reasonable compensation in this case.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC.21/2023 is allowed in part.
- The opposite party is directed to pay a sum of Rs.3000/- (Rupees Three Thousand only) as compensation to the complainant.
- The order shall be complied with within in 30 days of the receipt of the copy of this order, failing which, Rs.3000/- shall carry an interest of 6% per annum from the date of this order till actual payment.
- No order as to costs.
Pronounced in open Commission on this the 28th day of February 2023.
Date of Filing: 19/01/2023
Sd/-
PRESIDENT
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 –Screenshot of Google transactions.
Ext. A2 –Print out of the Whats App Communications.
Exhibits for the Opposite Party
Nil
Witnesses for the Complainant
PW1 Sudhan P (Complainant)
Witnesses for the opposite parties
Nil
Sd/-
PRESIDENT
Sd/-
MEMBER
Forwarded/ By Order
Sd/-
Assistant Registrar
