By. Smt. Renimol Mathew, Member:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to get back the price of the sofasetty given to opposite party.
2. Brief of the complaint:- 1st complainant is the mother of 2nd complainant. On 05.05.2014 they approached opposite party's shop to purchase a sofasetty. After enquiry opposite party told that the setty was ready with their whole sale shop. On the same day this complainants purchased a sofa setty from opposite parties wholesale shop near to Maniyankode temple and paid Rs.15,000/- towards its price. Opposite party transported the setty to complainant's house at Vythiri and promised that the bill will be given with the driver. But opposite party not given bill or receipt for the purchase. At the time of purchase opposite party offered 5 years replacement guarantee. But after 3 months of purchase the setty started to show defects. When complainant informed this to opposite party, he said lame excuses and not ready to hear the complaints of this complainants. Complainant alleged that opposite party sold sub standard product by giving false promises. As per complainant this act of the opposite party is unfair trade practice . Hence filed this complaint.
3. On being served, opposite party appeared and filed version denying all this allegations. Opposite party denied the purchase of the disputed sofasetty from his shop. He stated that this complainant never approached this opposite party to purchase anything. Complainant failed to produce the purchase bill. Hence no cause of action arose against this opposite party and prayed to dismiss the complaint.
4. On perusal of complaint, version 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 and examined as PW1. Ext.A1 produced by the complainant is marked (CD conversation between complainant and opposite party). Another witness from the side of complainant examined as PW2, he deposed that he witnessed the purchase. As per I.A.24/2015 Advocate commissioner inspected the setty and report filed. Opposite party filed chief affidavit and produced documents marked as Ext.B1. Ext.B1 is the Bill book for the period 03.04.2014 to 30.01.2015. In the witness box opposite party deposed that this shop is a registered one, for each and every sale he is keeping accounts and bill book. He used to issue bills for every sale, but in this complaint, complainant failed to produce purchase bill or anything relating to this opposite party. Opposite party's counsel argued that this case is a fabricated one, otherwise complainant can very well produce purchase bill. On perusal of Ext.B1 there is no such entry on 05.05.2014 for Rs.1,500/-. But in the witness box, opposite party admitted that he has a wholesale shop near to Maniyankode Temple in the name of Tarique Furniture. Even though opposite party denied all the allegations in the complaint. Ext.A1 produced by the complainant supports complainant's case but it cannot be considered as a material evidence. On perusal of Commissioner Report this Forum finds that the disputed sofasetty is of sub-standard quality. But no evidence there to connect the dispute with opposite party. Hence we could not reach a final conclusion that there is unfair trade practice from the part of opposite party. On relaying on Ext.A1 we opine that complainant is entitled to get relief. Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found against the opposite party, complainant is entitled to get relief.
In the result, the complaint is partly allowed and the opposite party is directed to repair the defective sofasetty of free of cost, also opposite party is directed to pay Rs.3,000/- (Rupees Three Thousand) as cost and compensation to the complainant. This Order must be complied by the opposite party 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 30th day of July 2015.
Date of Filing: 13.10.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
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PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Padmini. Complainant.
PW2. Jayachandran. Business.
Witness for the Opposite Parties:-
OPW1. Ubaidulla. Business.
Exhibits for the complainant:
A1. CD.
Exhibits for the opposite parties:-
B1. Retail Invoice Book.
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PRESIDENT, CDRF, WAYANAD.
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