By. Smt. Renimol Mathew, Member:-

The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to give compensation for the unfair trade practice with cost of the proceedings.

2. Brief of the complaint:- On 10.12.2013 complainant's children bought two DS Power Saver(Energy saver) of worth Rs.1,500/- each from the stall conducted by opposite party's at St Mary's college ground, Sulthan Bathery. At the time of purchase 1^st opposite party assured that this is the best instrument to reduce the electricity consumption, if it is used in the house it will help to reduce the electricity consumption up to 30% and offered an additional benefit of lightening protection to the electrical equipments without the help of stabilizer. On believing these offers complainant's children installed this power saver in their home but they could not get any benefit as offered by the 1^st opposite party. Meanwhile the television set in their house was damaged due to lightening and complainants could not avail the benefit of power saving. Opposite party No.2 and 3 conducted the trade fair and they allotted the stall to opposite party No.1 According to the complainant this act of the opposite parties is nothing but unfair trade practice and filed this complaint to get compensation.

3. On being served notice opposite parties not appeared and not field version. Hence they set ex-parte on 21.04.2015 and proceeded with the case.

4. On considering the complaint and documents the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service from the part of opposite parties?

2.Relief and Cost.

5. Point No.1:- Complainant filed proof affidavit as beneficiary and examined as PW1 and Ext.A1 to A13 documents were marked. Ext.A1 is the Warranty card dated 10.12.2013 and Ext.A2 is the purchase Bill in the name of one Shyni. P. V. Ext.A8 is the warranty card dated 10.12.2013 and Ext.A9 is the purchase bill in the name of one Shibi. Ext.A2 and A9 shows that complainant's daughters purchased two energy savers of worth Rs.1,500/- each from 1^st opposite party. On perusal Ext.A3 to A6 and Ext.A10 to Ext.A12 we could not find 30% of variation in the electricity consumption during the period 10.12.2013 to 10.08.2014. Complainant alleged that they were used this instrument about 1 year but they didn't get any benefit as offered by 1^st opposite party. The 1^st opposite party intentionally sold out this useless instrument to obtain profit with the help of other opposite parties. There is no evidence to the contrary. Hence Forum find that there is unfair trade practice from the part of opposite parties. The Point No.1 is found accordingly.

6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled for compensation and cost of the proceedings and the opposite parties are jointly and severally liable for the same. The point No.2 is decided accordingly.

In the result, complaint is partly allowed and the 1^st opposite party is directed to return the price of the instrument of Rs.3,000/- (Rupees Three Thousand) only with compensation of Rs.3,000/- (Rupees Three Thousand) only and Rs.2,000/- (Rupees Two Thousand) only as cost of the proceedings to the complainant. In the case of non availability of 1^st opposite party the Opposite parties No.2 and 3 are directed to pay Rs.8,000/- (Rupees Eight Thousand) only as cost of instrument, compensation and cost of this proceedings to the complainant. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 20^th day of May 2015.

Date of Filing:19.02.2015. PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. Varghse. P. P. (Affidavit). Complainant.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Warranty Card.

A2. Bill.

A3. Electricity Bill. Dt:03.10.2013.

A4. Electricity Bill. Dt:03.12.2013.

A5. Electricity Bill. Dt:03.04.2014.

A6. Electricity Bill. Dt:02.08.2014.

A7. Copy of Ration Card.

A8. Warranty Card.

A9. Bill.

A10. Electricity Bill. Dt:03.12.2013.

A11. Electricity Bill. Dt:03.04.2014.

A12. Electricity Bill. Dt:03.06.2014.

A13. Copy of Ration Card.

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

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