By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. It is the say of complainant that opposite party along with some others who claimed to be employees under opposite party came to his house in Malappuram District and canvassed the sale of mixie and other items. The articles were brought in a Maruthivan. Opposite party assured the products to be of good quality and offered after sales service for the products. Complainant purchased a Thomson Mixie from opposite party; the price of which was Rs.2,800/-. He bought it exchanging his old mixie for which opposite party assessed Rs.900/- and the balance of Rs.1,900/- was paid in cash by complainant. This mixie became defective the next day itself. When complainant contacted opposite party through telephone opposite party stated that he would soon come to his house and give replacement. But opposite party did not turn up. Later there was no response to the telephone calls made by complainant. On enquiries complainant came to know that there is no such manufacturer as represented by opposite party. That low quality products are sold by opposite party with false labels and stickers. With much difficulty complainant managed to contact opposite party in person, but he refused to replace the mixie. Complainant alleges the mixie to be of substandard quality and that opposite party has committed unfair trade practice. Hence this complaint.<br /> <br /> 2. Notice issued to opposite party was served. He was absent and set exparte on 08-5-08.<br /> <br /> 3. Affidavit was filed by complainant and Exts.A1 to A3 marked on his behalf. Complainant has restated his grievance in the affidavit. Ext.A1 is the receipt issued for payment of Rs.1,900/- towards purchase of Thomson Mixie. The price of the mixie quoted in Ext.A1 is Rs.2,800/-. Rs.900/- has been deducted which proves the case of the complainant that he purchased the new mixie exchanging his old one and paying Rs.1,900/- in addition. Ext.A2 is the warranty card. Ext.A3 is the instruction manual with picture and operating details of the mixie. According to complainant he purchased the mixie on 07-01-08 and it became defective the next day itself. This complaint is filed within three months of the purchase which sufficiently proves that the product was of substandard quality. Complainant has established and proved a case in his favour and is definitely entitled to refund of Rs.2,800/- being the price of the mixie.<br /> <br /> 4. Facts of this case reveal a kind of deceptive trade practice which is common in villages, and flourishes by exploiting the ignorance of consumers. There is a general duty upon every trade to trade fairly. Where any belief is created in the minds of the consumer as to the quality of the goods and if the product falls short of those represented standards, it will be unfair to the consumer. In our view to halt such deceptive trade practices it is necessary to award exemplary compensate which we quantify as Rs.4,000/-.<br /> <br /> 5. In the result we allow the complaint and order opposite party to pay to the complainant Rs.2,800/- (Rupees Two thousand eight hundred only) along with compensation of Rs.4,000/-(Rupees Four thousand only) together with costs of Rs.500/- within one month from the date of receipt of copy of this order. On payment complainant shall return the defect alleged mixie to opposite party.<br /> <br /> Dated this 9th day of July, 2008.<br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A3<br /> Ext.A1 : Receipt for Rs.1,900/- dated, 07-1-08 towards purchase of<br /> Thomson Mixie.<br /> Ext.A2 : Warranty card.<br /> Ext.A3 : Instruction manual with picture and operating details of the mixie.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br />