IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Thursday the 29th day of February, 2024
Filed on: 15.12.2023
Present
- Smt. P.R.Sholy, B.A.L, LLB (President in Charge )
- Smt. C.K.Lekhamma . B.A. LLB (Member)
In
CC/No.394/2023
between
Complainant:- | Opposite Party:- |
Smt. Sindhu M Sri. Muhammed Safi.K.K
Sindhooram Thakidiyil Kuppakkattu, Poomattam Kavala
Samatha Nagar Colony Nellikuzhi.P.O, Kothamangalam
Sanathanapuram. P.O (Exparte)
Kalarcode, Alappuzha
O R D E R
SMT. SHOLY.P.R (PRESIDENT IN CHARGE)
Complaint filed u/s 35 of the Consumer Protection Act, 2019.
1. Complainant’s case briefly stated is as follows:-
Opposite party is conducting furniture business. Seeing an advertisement post on facebook regarding the said business of the opposite party the complainant contacted him over mobile phone and booked a Swing cot and settee cost of Rs. 30,000/- for which the opposite party assured to bring the said product to the residence within 15 days if she give an advance amount of Rs. 10,000/- to the opposite party. Believing the words of opposite party the complainant transferred an amount of Rs. 10,000/- to the bank account of opposite party through her bank account at SBI, Ramankary branch. But the said product so far is not given to the complainant as assured by the opposite party and evaded by saying lame excuses whenever the complainant contacted him for refund of the advance amount. Alleging deficiency in service from the part of opposite party the complainant filed this case for refund of Rs.10,000/- along with interest and for allowing compensation of Rs. 1 lakh from the opposite party for considering the mental agony and stress caused to the complainant.
Notice along with the copy of complaint sent to the opposite party. Though the same was accepted by the opposite party, he did not appeared before the commission for contesting the complaint. Hence proceed with exparte.
2. Points raised for consideration are:-
1. Whether there is any deficiency in service from the part of opposite party?
2. Whether the complainant is entitled to get the reliefs as sought for in the complaint?
3. Reliefs and costs?
3. Point No. 1 and 2:-
Complainant’s case is that after receiving an advance amount of Rs.10,000/- for Swing cot and settee valued @ Rs. 30,000/- from the complainant the opposite party did not delivered the said product to the complainant even made several requests through messages. In the said circumstance she filed this complaint, alleging deficiency in service on the part of opposite party for realizing the advance amount paid to the opposite party along with interest and compensation.
In response to the complaint the opposite party neither appeared before this Commission nor filed any version denying or contenting the allegations. Hence proceed with exparte. In support of the allegations the complainant filed proof affidavit and 3 documents and one pendrive. The documents marked as Ext.A1, A2 and A3 series and Pen drive marked as MO1. Ext.A1 is the copy of complainant’s bank statement showing the transaction of Rs.10,000/- dtd. 13/7/2023. Ext.A2 series and Ext.A 3series are screen shot of whatsapp messages between the complainant and opposite party on various days. MO1 played in a laptop which reveals the call record of the opposite party in connection with the matter in dispute.
On going through Ext.A1, A2 series, A3 series and MO1 it is understood that the opposite party assured the complainant to deliver the Swing cot and settee for which the complainant had given an amount of Rs. 10,000/- to opposite party. It is further understood that the opposite party deviated from his assurance and finally he threatened to commit suicide as unable to repay the said amount to the complainant consequent to non –delivery of product. Certainly the above said acts of the opposite party amounts to deficiency in service towards the complainant and thus, liable to compensate for the same as well as repayment of the advance amount. Considering the facts and circumstance of the case we limit the compensation for Rs. 5000/-. These points are answered accordingly.
4. Point No. 3:-
In the result complaint is allowed in part.
A. Opposite party is directed to refund Rs. 10,000/-(Rupees Ten thousand only) to the complainant along with interest @ 8% per annum from 13/7/2023 till realization.
B. Opposite party is liable to pay Rs. 5000/-(Rupees Five thousand only) as compensation to the complainant.
C. Complainant is entitled Rs. 2000/- ( Rupees Two thousand only) as cost of proceeding from the opposite party.
The order shall be complied with within one month of the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 29th day of February, 2024.
Sd/- Smt. P.R. Sholy (President in Charge)
Sd/-Smt.C.K.Lekhamma (Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Copy of complainant’s bank statement
Ext.A2 series - screen shot of whatsapp message
Ext.A3 series - Screen shot of whatsapp message
MO1 - Pen Drive
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
