Date of Filing     : 02.05.2023

                                                                                                                        Date of Disposal: 30.08.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, MA.,ML, Ph.D (Law)                           .…. PRESIDENT

                 THIRU.P.MURUGAN,M.Com.,ICWA(Inter)., B.L.,                                           ....MEMBER-II

CC. No.36/2023

THIS WEDNESDAY, THE 30^th DAY OF AUGUST 2023

Mr.N.Kannan, S/o.SriRangachari,

No.47, 1^st Main Road,

Thiruvenkada Nagar,

Thiruninravur, Chennai 602 024.                                                           ……Complainant.

                                                                               //Vs//

1.Mrs.Sivagami,

2.Mr.Mahesh,

   Mahesh Bureau Works,

   No.1527/1, M.T.H.Road,

   Mooventhar Nagar,

   Nadukuthagai,

   Thiruninravur – 602 024.                                                             .......Opposite parties.

Counsel for the complainant                             :   M/s.E.Umamageswaran, Advocate.

Counsel for the opposite parties                      :   exparte.

This complaint is coming before us on various dates and finally on 10.08.2023 in the presence of M/s.E.Umamageswaran, counsel for the complainant and the opposite parties were called absent and set exparte for non appearance and upon perusing the documents and evidences of complainant’s side with proper argument of the counsel appeared for complainant, this Commission delivered the following:

ORDER

PRONOUNCED BY THIRU.P.MURUGAN, MEMBER-II.

This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service in the service of steel cot against the opposite parties in rectifying the defect after collecting full payment from the complainant along with a prayer to direct the opposite parties to pay a sum of Rs.3,00,000/- towards compensation for the mental agony and hardship caused to the complainant and to pay a sum of Rs.5,000/- towards cost of the proceedings to the complainant.

Summary of facts culminating into complaint:-

The complainant who is a resident of Thiruniravur has given a Steel Cot pertaining to him for repair to the opposite parties in July 2022 and requested the opposite party who run a business in the name and registration as Mehesh Bureau works at the same place i.e., Thiruniravur for repair of the Cot for which the opposite parties have agreed and the cot was taken for repair on 14.07.2022 for which the complainant have paid the quoted amount of Rs.2,000/- for service and for the transportation of the cot an amount of Rs.300/- also paid.  The opposite parties have issued a cash bill bearing No.510 dated 14.07.2022 describing the item as for repair of the cot an amount of Rs.2,000/- and for cartage Rs.300/-.  Though the amount was received by opposite parties and also the cot handed over for repair on 14.07.2022, the same was not returned after repair by the opposite parties and the complainant’s pleading to return the cot went un-heard.  Many attempts to get back the cot never yielded the result.  The complainant therefore preferred a legal notice dated 03.04.2023 which was returned unserved.  Hence as the last resort, the complainant has approached this Commission through proper filing requesting orders to return of cot after repair by the opposite parties and for the mental agony suffered a compensation of Rs.3,00,000/- prayed and for the cost of the case an amount of Rs.5,000/-demanded from the opposite parties.

On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to Ex.5 was submitted.  The opposite parties have not responded for the notice issued by this Commission for appearance which returned unserved and also for the private notice issued by the complainant’s counsel which was also returned unserved.  Therefore a paper publication was ordered by this Commission which took place in a Local Tamil daily dated 23.06.2023 for appearance of opposite parties before this Commission which earned futile and no response from opposite parties received. The opposite parties’ have not appeared either and not filed written version also.  Therefore they are called absent and set exparte on 25.07.2023 for non appearance and for non filing of written version within mandatory period as per the statute. 

 Points for consideration:-

1) As such the opposite parties who have accepted to repair the cot and received the cash for repair and not responded to the pleading of the complainant to return the cot clearly indicates the unfair trade practice by opposite parties and liable for execution under Consumer Protection Act?

2) Since it is proved beyond doubt that there is lapse on the opposite parties in providing service, the complainant has to be compensated and at what extent?

Point No.1:-

The complainant has filed his claim in support of his case by filing proof affidavit, written arguments, documents in support and made oral arguments. On the side of complainant, proof affidavit was filed and documents marked as Ex.A1 to Ex.5 was submitted.  But the opposite parties have not responded to the complainant’s notice at the first instance through legal counsel and they have not either responded for this Commission’s notices.  The purpose to bring their attention through paper publication also not yielded result.  Therefore their defence is closed and the complainant’s view on the case is established.

The claim of the complainant who has stated that the material given for repair, at this point, the cot was not returned even after receiving the cash for repair work in full which is acknowledged by the cash receipt dated 14.07.2022.  The opposite parties who runs a business with due registration under TIN is not a labourer or so but a business firm.  The cot was handed over to opposite parties on the day of work acceptance with due payment of cartage.  Inspite of several requests to the opposite parties to return the cot by the complainant has not heeded and a legal notice dated 03.04.2023 which also returned unserved shows the attitude of the opposite parties.  Despite private notice and paper publication made also yielded no result from the opposite party which clearly proves unfair trade practice by opposite parties.

The material fact that deficiency in service is proved beyond doubt and it is ordered that the opposite parties should repair and return the cot since it is too long period that opposite parties have kept the cot in their custody. This point is answered accordingly in favour of the complainant and as against the opposite parties.

Point No.2:-

As we have held above that the opposite parties had committed deficiency in service and unfair trade practice to the complainant, we direct the opposite parties to return the cot within two weeks from the date of receipt of copy of this order and we also direct the opposite parties to pay a sum of Rs.25,000/- towards  compensation for the mental agony suffered by the complainant and Rs.5,000/- towards cost of the proceedings to the complainant. 

In the result the complaint is partly allowed directing the opposite parties 1 &2 directing them

1) To return the cot after due service within two weeks from the date of receipt of copy of this order;

2) To pay a sum of Rs. 25,000/- (Rupees twenty five thousand only) towards compensation for the mental agony suffered by the complainant;

3) To pay a sum of Rs.5,000/- (Rupees five thousand only) towards cost of the proceedings to the complainant.

Dictated by the Member-II to the steno-typist, transcribed and computerized by him, corrected by the Member-II and pronounced by us in the open Commission on this the 30^th day of August 2023.

   Sd/-                                                                                                                        Sd/-

MEMBER-II                                                                                                       PRESIDENT

List of document filed by the complainant:-

       Sd/-                                                                                                                   Sd/-

MEMBER-II                                                                                                      PRESIDENT