DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 27th day of August 2021
Present : Sri.Vinay Menon.V President
: Smt.Vidya.A, Member Date of Filing: 08/10/2020
CC/124/2020
Rajkumar.S
Kunnathupalayam,
Thekkegramam (PO),
Chittur Palakkad – 678 103 - Complainant
(Party in Person)
Vs
Sundar,
Sai Electronics,
Powered by SVBS Electronics
212, F4, Ismail St.Town Hall,
Coimbatore,
Tamilnadu – 641001 - Opposite party
O R D E R
By Smt.Vidya.A. Member
Brief facts of the complaint.
The complainant entered into an agreement for the purchase of Denon AV receiver model AVR-X3600H for home theatre from the opposite party who is the owner of Sai Electronics in Coimbatore. He made this order on 6th July 2020 by transferring the full amount of the product amounting to Rs.88,000/- in advance to the bank account No.109202000044813 of the opposite party in Federal Bank, Coimbatore. As per their agreement, the product has to be delivered within 10 working days from the date of order. However, the opposite party did not deliver the product till date. The complainant contacted the opposite party many times through telephone, but most of the time he refused to answer the call and if he did, he did not give a proper feedback about the order and also used abusive words, during the phone call. The complainant registered an online complaint to the National Consumer Helpline on 8th August 2020. There was no satisfactory response from the opposite party for the mails send by the National Consumer Helpline.
After so many requests made by the complainant to the opposite party, opposite party refunded Rs.40,000/- to complainant on 4th September 2020. The complainant send an e.mail to the opposite party on 5th October 2020 requesting for final settlement of his claim within two days. He intimated the opposite party through telephone also, but there was no response from the opposite party. So this complaint is filed for directing the opposite party to refund the balance amount of Rs.48,000/- together with interest and to pay Rs.50,000/- as compensation for the deficiency in service on the part of the opposite party and for the mental agony and harassment suffered by the complainant.
Complaint admitted and notice issued to the opposite party. Even though notice was served to the opposite party, he did not appear before the Commission and so his name called, absent and was set exparte.
The complainant filed proof affidavit alongwith documents and Ext.A1 to A3 marked. When it was taken for orders, the complainant filed an application IA 105/2021 to reopen the evidence to mark another document produced by him. The IA was allowed and the document was marked as Ext.A4 and the evidence closed.
Main issues arising for consideration are
1. Whether there is any deficiency in service on the part of the opposite party ?
2. If so, what is the relief as to cost /compensation ?
Issues 1 & 2
Heard the complaint and perused the affidavit and documents produced.
As per the complaint, the complainant placed an order with the opposite party for the purchase of Denon AV receiver model AVR-X-3600H for home theatre and transferred the price of the product amounting to Rs.88,000/- in advance to the account of the opposite party in Federal Bank, Coimbatore with account number 109202000044813 on 6th July 2020. Ext.A1 is the copy of the transfer receipt from Federal Bank which proves the transfer of the amount to the opposite party’s account.
Further according to the complainant, the product was agreed to be delivered within 10 working days, from the date of placing the order. But the opposite party did not deliver the product or refund the amount even after repeated requests.
So there is a clear deficiency in service on the part of the opposite party in not acting in accordance with their contract and he is liable to compensate the complainant for that.
The complainant confirms that he has received a refund of Rs.40,000/- form the opposite party on 4th September 2020. Ext.A4 his statement of account with SBI Chittur branch, Palakkad corroborate this.
The complainant would have definitely undergone mental harassment and agony when a newly ordered product is not delivered even after full payment is made.
Since the opposite party remained ex-parte, the evidence adduced by the complainant stands unchallenged.
In the result, the complaint is allowed. We direct the opposite party to refund the balance amount of Rs.48,000/- (Rupees Forty eight thousand only) together with interest @9% per annum from 6th July 2020 (date of advance payment) till the date of settlement. We further direct the opposite party to pay Rs.7,000/- (Rupees Seven thousand only) as compensation for the deficiency in service on the part of the opposite party and for the mental harassment and agony suffered by the complainant.
Pronounced in the open court on this the 27th day of August 2021.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Copy of proof for transferred receipt from Federal bank
Ext.A2 – Copy of proof for complaint registered with NCH
Ext.A3 – Copy of email sent by the complainant to opposite party
Ext.A4 – Account statement of the complainant with SBI Chittur branch for the period
1/9/2020 to 30/9/2020 showing the transfer of Rs.40,000/- by the opposite party
on 4/9/2020
Exhibits marked on the side of the opposite party
Nil
Witness examined on the side of the complainant
NIL
Witness examined on the side of the opposite party
NIL
Cost : No cost allowed.
NB : Parties are directed to take back all extra set of documents submitted in the
proceedings in accordance with Consumer Protection (Consumer Commission
procedure) Regulations, 2020.
