CC Filed on 12.04.2011
Disposed on 01.10.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 01st day of October 2011
PRESENT:
HONORABLE T. RAJASHEKHARAIAH, President.
HONORABLE T.NAGARAJA, Member.
HONORABLE K.G.SHANTALA, Member.
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Consumer Complaint No. 124/2011
Between:
Sri. S.V. Muniyappa, Teacher, H. Cross, Ganesh Clinic Road, Shamanna Building, Heymaranahalli Post, Siddlaghatta Taluk, Chikkaballapur District. | ….Complainant |
V/S The Chief Manager, Naptol, N.B. Teleshopping Pvt. Ltd., 5C, 5th Floor, Metro House, Vani Vihar, Bhuvaneswar. | ….Opposite Party |
ORDER
The complainant has filed the above complaint under section 12 of the Consumer Protection Act, 1986 seeking refund of amount paid towards videography pen, compensation for the inconvenience caused by the Opposite Party and costs incurred by complainant i.e. Rs.5,000/- in all.
2. The complainant avers that he being a School Teacher working in Government Lower Primary School, read an advertisement published by Opposite Party in “Prajavani Newspaper” and purchased videography pen by paying consideration sum of Rs.2,000/- through postal service towards the videography pen code No. 635816. The complainant further alleges that from the day of purchase the videography was not functioning properly. On informing the Opposite Party about this fact, the Opposite Party asked the complainant to return the said article and assured to send a substitute pen. Accordingly, the complainant sent back the defective videography pen to Opposite Party through courier service on 19.10.2010 and received acknowledgement of receipt on 23.10.2010. However, evenafter lapse of 5 months, the Opposite Party failed to send the pen. Whenever he contacted the Opposite Party through phone, he was given bare assurance. The complainant has given call details made between 06.09.2010 and 08.03.2011.
3. On filing of the complaint, notice was issued to the Opposite Party which was returned unserved with endorsement “refused, so return to sender”. Therefore this Forum held that the notice sent to the Opposite Party was deemed to be served. The Opposite Party remained absent, did not file version, affidavit. In short, the Opposite Party has not appeared or contested the complaint.
4. From the complaint averments, affidavit and documents filed by the complainant, the points that arise for consideration are:
Point No.1: Whether there is deficiency in service on the
part of the Opposite Party?
Point No.2: If so, to what relief/reliefs the complainant is
entitled to ?
Point No.3: To what order?
5. Our findings to these points are as hereunder:
1. Affirmative
2. Affirmative
3. As per final order.
R E A S O N S
6. Point No.1 and 2: The Opposite Party has resorted to unfair trade practice and policy by issuing false advertisement to attract purchasers. The Opposite Party offered to sell efficient viedography pen for Rs.2,000/- only and the complainant got lured by the advertisement. When the complainant informed that the article sold by Opposite Party was defective, the Opposite Party made false assurance of substituting the article with an alternative pen but kept quiet inspite of repeated reminders. The complainant has made 15 calls to the Opposite Party dated 06.09.2010, 22.09.2010, 19.11.2010, 14.12.2010, 22.12.2010, 04.01.2011, 19.01.2011, 23.01.2011, 04.02.2011, 23.02.2011, 06.03.2011, 16.03.2011, 22.02.2011, 26.02.2011 and 08.03.2011. 10th call was attended by Sheela, 12th call was attended by Sreekanth and the 13th call was attended by Susheela. However the Opposite Party did not take steps to rectify the defect in the ‘pen’ nor substitute the same with a new, efficient pen and caused mental agony and inconvenience to the complainant. Hence, we are of the opinion that there is deficiency in service on the part of Opposite Party.
7. Point No.3: As point No.1 and 2 are held in affirmative, we pass the following:
O R D E R
The complaint is allowed. The Opposite Party shall refund Rs.2,000/- which is the cost of the videography pen within 15 days. If Opposite Party fails to do so, the Opposite Party shall pay interest at the rate of 9% p.a. on Rs.2,000/- from the date of purchase. The Opposite Party shall also pay Rs.1,000/- towards compensation and costs.
Dictated to the Stenographer, corrected and pronounced in open Forum this the 01st day of October 2011.
T. NAGARAJA K.G.SHANTALA T. RAJASHEKHARAIAH
MEMBER MEMBER PRESIDENT
