KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 543/2010

 JUDGMENT DATED:  04-01-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU                :  PRESIDENT

SHRI. S. CHANDRAMOHAN NAIR                     : MEMBER

Manager,

White Planet, Global Electronics Village,

M.G.Road, North End,                                           : APPELLANT

Ernakulam=682 034.

(By Adv.Sri.S.Reghukumar & Sri.George Cherian)

            Vs.

1.         Mr. T.G.Gopalakrishna Pillai,

S/o late Raghavan Pillai,

Residing at 8/1314,

Palliyarakkavu, Kizhakkenada,

Mattanchery, Kochi-2.

                                                                        : RESPONDENTS

2.         Manager,

Whirlpool of India Ltd.,

Ravipuram, Ernakulam.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the 1^st opposite party/dealer in CC.59/2010 in the file of CDRF, Ernakulam.  The appellants are under orders to pay a sum of Rs.2150/- as excess amount levied and also to pay compensation of Rs.5000/- and cost of Rs.500/- with interest at 12% per annum.

2. It is the case of the complainant that excess amount was levied for the 410 litre Deluxe Professional Finish Refrigerator purchased from the opposite party.  According to him a sum of Rs.4700/- was collected in excess and that he was delivered the Fridge misrepresenting that it is Elite brand Sixth Sense model.

3. The opposite parties have disputed the contentions and has stated that the retail price of 410 litre Deluxe Professional Finish Refrigerator was Rs.33,206/- and only Rs.33,200/- was collected.  The commodity was delivered on 27/7/2009.

4. The evidence adduced consisted of the testimony of PW1, Exts.A1 to A6.

5. It is mentioned in the order that after filing version, the 1^st opposite party abstained from the proceedings.  Ext.A1 is a receipt of payment with respect to the impugned Fridge, the description of the item therein is 410 litre Deluxe Professional Finish Refrigerator and the amount collected is Rs.33,200/-.  The complainant has produced Ext.A6 E-mail from the Branch Commercial Manager of the 2^nd opposite party wherein the MRP price of 410 litre Deluxe Professional Finish Refrigerator is mentioned as Rs.31,050/-.  Hence we find that there is a difference of Rs.2150/-.  The counsel for the appellant herein has produced 2 documents sought to be the lists of prices of the commodity supplied to them by the 2^nd opposite party/company wherein the amount of 410 litre Deluxe Professional Finish Refrigerator is mentioned as Rs.33,206/-.  We find that there is no authenticity with respect to the above documents produced.  In the circumstances we find that no interference in the order of the Forum is called for.  The 1^st opposite party/appellant is directed to make the payments as ordered by the Forum within two months from the date of receipt of this order, failing which the appellant would be liable to pay interest at 18% from 4/1/20111  the date of this order.

Office will forward the LCR along with the copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR: MEMBER

VL.