DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB: PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Wednesday 17^th day of January 2024

CC.507/2023

Complainant

            Swarnakumari. P,

W/o Vinod Kumar,

Karthika, Kandiyil,

Kizhakkumuri Post,

            Kakkodi,

Kozhikode -673611.

(By Adv. Shreeshma.A)

Opposite Party

T.P Associates,

Branch- MLA Road,

Kottooli, Kozhikode-16.

                                                                           ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed Under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 19/10/2021 the complainant purchased a closet from the shop of the opposite party paying Rs. 6,200/- through his brother Ajayakumar. But it was not working properly. On reporting the complaint, a technician of the opposite party came and inspected the closet and was convinced about the defect. It was informed by the technician that the defect was due to the muddy water in the flush tank. The same was cleaned by the complainant at his cost and even after that the closet was not functioning properly. The opposite party has neglected to redress her grievance and she was put to gross mental agony and inconvenience due to the mal-functioning of the closet. The opposite party did not take any steps to replace the closet with a new one or to rectify the defect. Hence the complainant to direct the opposite party to replace the closet with a new one or to refund the price and also to pay compensation of Rs. 1,00,000/-.

3. The notice issued from this Commission on 6/11/2023 was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte.
4. The point that arise for determination in this complaint are;

1) Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged?

                    2) Reliefs and costs.

5. The complainant was examined as PW1 and Ext A1 was marked.  
6. Heard.   
7. Point No 1:    The complainant has approached this Commission with a grievance that the closet purchased by her from the shop of the opposite party was defective and not working properly and there was neglect on the side of the opposite party to address her concerns over the product. The prayer in the complaint is for replacement of the closet with a new one which is defect free or in the alternative, refund of the price and also compensation.
8. PW1 has filed proof affidavit in terms of the averment in the complaint and in support of the claim. Ext A1 is the invoice dated 19/10/2021. PW1 has asserted that the closet was defective and the opposite party did not take any positive steps to redress her grievance. PW1 has further stated that she has now purchased a new closet and fixed the same after removing the defective one.
9.  The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Ext A1. Unfair trade practice and deficiency of service on the part of the opposite party stands proved.  The complainant is entitled to get refund of the price of the product. Undoubtedly, the act of the opposite party has resulted in mental agony and inconvenience to the complainant, for which, she is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this regard.  
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                 a)  CC.507/2023 is allowed in part.

b) The opposite party is hereby directed to refund Rs. 6,200/- (Rupees six thousand and two hundred only) to the complainant, being the price of the closet.

c) The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant for the mental agony and hardship suffered. 

  c) The payment as afore stated shall be made within 30 days of the   receipt of copy of this order, failing which, the amount of Rs. 6,200/- shall carry an interest of 6% per annum from the date of this order  till actual payment.

 d) No order as to costs. 

      Pronounced in open Commission on this, the 17^th day of January, 2024.

       Date of Filing: 21.09.2023 

                                Sd/-                                                          Sd/-                                                              Sd/-

                       PRESIDENT                                              MEMBER                                                    MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 -    Invoice dated 19/10/2021

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 -     Swarnakumari.P   (Complainant)

Witnesses for the opposite party

 Nil

                          Sd/-                                                                   Sd/-                                                             Sd/-

                 PRESIDENT                                                       MEMBER                                                   MEMBER

True Copy,      

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                                                     Assistant Registrar.