Kerala

Thiruvananthapuram

CC/118/2022

Arun - Complainant(s)

Versus

sony global Furniture - Opp.Party(s)

27 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

   SRI.P.V.JAYARAJAN           : PRESIDENT

SMT.PREETHA.G.NAIR          : MEMBER

SRI.VIJU.V.R                         : MEMBER

 

CC.NO.118/22 (Filed on : 30/03/2022 )

ORDER DATED : 27/07/2022

 

COMPLAINANT

Arun
S/o.Vijayan.K

Residing at Girija Bhavan,

Vadakkukara, Tholoor,

Arayanadu.P.O - 695542

 

(Party in person)

                                                VS

OPPOSITE PARTY

The Proprietor,

Sony Global Furniture & Home Appliances,

Near Pazhakutty, Petrol Pump,

Nedumangadu, Pin 695541

 

1.  

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1.       This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.       This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint, notice was issued to the opposite party. The said notice was accepted by the opposite party, but not appeared on the date fixed for appearance of the opposite party and hence on 05/05/2022 the opposite party was called absent and declared exparte. The case of the complainant in short is that the complainant purchased a Whirlpool Refrigerator (NEODF278RM ARCTICS (2)-N 21233) from the above said shop on 04/02/2022. The rate fixed for the above said refrigerator was Rs.23,900/- and date of delivery is fixed on 05/02/2022.  When opposite party found out that complainant will pay by credit card, the opposite party demanded to pay an additional Rs.478/- as credit card charge. On demand, complainant paid Rs.24,378/- on 04/02/2022 to opposite party by way of SBI credit card including demanded credit card charge of Rs.478/-. But the tax invoice number 9234 dated 05/02/2022 was given to the complainant from the said shop was only for an amount of Rs.23,900/-. Subsequently the complainant came to know that the opposite party charged unlawfully an amount of Rs.478/- from the complainant. The RBI has stated that the transaction charges have to be borne by the shop owner. The agreement retailers sign with bank for card swipe devices contain a clause forbidding them from charging customers for the facility. As per the agreement with the banks no discrimination between people paying by cash or by card. But opposite party has charged unlawfully Rs.478/- from complainant as credit card charge. This is unfair trade practice by the opposite party. Hence alleging deficiency in service and unfair trade practice on the part of the opposite party the complainant approached this Commission for redressing his grievances. As the opposite party was declared exparte he has not filed written version or adduced evidence.   

3.       The evidence in this case consists of PW1 and Exts.P1 to P6. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

The points to be considered in this case

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties.
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order as to cost.

5.       Heard. Perused records and affidavit. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P6 were produced and marked. Ext.P1 is the booking advance receipt. Ext.P2 is the copy of invoice number 9234 dated 05/02/2022. Ext.P3 the credit card statement. Ext.P4 is the true copy of legal notice. Ext.P5 is the original postal receipt. Ext.P6 is the postal acknowledgement card. As the opposite party was declared exparte, there is no oral or documentary evidence to discredit the evidence adduced by the complainant, Hence the evidence adduced by the complainant stands unchallenged. By swearing an affidavit as PW1 and by marking Exts.P1 to P6, we find that the complainant has succeeded in establishing his case against the opposite party. In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant. From the available evidence before this Commission we find that there is deficiency in service and unfair trade practice on the part of the opposite party. We further find that the complainant has suffered mental agony as well as discomforts due to the action on the part of the opposite party. As sufferings of the complainant was due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is jointly and severally liable to compensate the loss sustained by the complainant.

              In the result, the complaint is partly allowed. The opposite party is directed to refund Rs.478/- to the complainant along with Rs.3000/- as compensation and Rs.2500/- being the cost of this proceedings with 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance / realization.  

                  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 Commission, this the 27^th day of July 2022.

                                                                            Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                          Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.118/22

List of witness for the complainant

PW1            - Arun

Exhibits for the complainant

Ext.P1         - The booking advance receipt

Ext.P2         - The copy of invoice number 9234 dated 05/02/2022

Ext.P3         - The credit card statement

Ext.P4         - True copy of legal notice

Ext.P5         - The original postal receipt

Ext.P6         - The postal acknowledgement card

List of witness for the opposite party – NIL

Exhibits for the opposite party - NIL

Court Exhibits                                   NIL

 

 

                                                                                       Sd/-

                                                                                PRESIDENT