DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 16th day of March 2019
Present : Smt.Shiny.P.R. President
: Sri.V.P.Anantha Narayanan, Member Date of filing: 05/09/2018
CC/103/2018
B.Manikandan,
S/O K.Balakrishnan,
11/786, - Complainant
Ganeshapuram,
Pampampallam (PO),
Palakkad – 678 621.
(By Party in person only)
Vs
The Manager, - Opposite party
Greenx Engineering Company,
Nas Building, 26/637, Pattani Stand,
City Post Ogffice, Opp.Mothi Mahal (Noorani),
Palakkad – 678 004002E
O R D E R
By Smt.Shiny.P.R. President
On 2/9/2017 complainant purchased I BELL 99CM TV for an amount of Rs.23,039/- as per the advertisement shown in the Malayala Manorama news paper dated 31/8/2017. In the above newspaper i BELL given an offer for the purchase of I BELL 99 cm TV, 3 years warranty, Rs.7,990/- cash discount, Wi Fi CCTV camera and scratch and win gift coupon. Attracting the advertisement given in the news paper he had purchased i BELL TV from the opposite party. But the opposite party did not give the warranty card of 3 years, Wi Fi CCTV camera and scratch and win gift coupon to the complainant. On enquired about the same they told that they were out of stock and they would gave them within one week. Complainant submitted that till this date opposite party did not hand over the above said items to the complainant and the above acts of opposite party amount to unfair trade practice as well as deficiency of service and the complainant is legally entitled to get compensation for the same. Hence the complaint. Complainant prays for an order directing opposite party to hand over CCTV camera, scratch and win coupon, and three years warranty car
d and pay to the complainant an amount of Rs.25,000/- (Rupees twenty five thousand only) towards the compensation for mental agony along with cost of the proceedings.
Complaint was admitted and notice was issued to the opposite party. Notice to opposite party was returned stating left. Hence substituted service was ordered and complainant produced paper publication. Then name of opposite party called, absent, set ex-parte.
Complainant filed chief affidavit and documents which were marked as Ext.A1 to A3.
The following issues that arise for consideration are
1) Whether there is any deficiency of service from the part of opposite
party?
2) If so, what are the relief and cost?
Issues 1 & 2
Ext A1 proves that complainant has purchased i BELL 99cm TV from the opposite party on 2/9/2017. 1st page of Ext A3 Malayala Manorama news paper shows that on the date of purchase of the above said TV there was an offer for 99cm i BELL TV. Complainant submitted that the opposite party did not give the offer made by the i BELL Company to the complainant. As the opposite party remained ex-parte, the evidence tendered by the complainant stands unchallenged.
In the result complaint is allowed and we direct opposite party to pay Rs.10,000/-(Rupees Ten Thousand only) as compensation for mental agony and Rs.3,000/-(Rupees Three thousand only) as cost of proceedings.
The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 8% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 16th day of March 2019.
Sd/-
Shiny.P.R
President
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Original Tax Invoice issued Greenx Engineering Company to the complainant
Ext.A2 - Original Warranty card IBELL LED TV
Ext.A2 - Original Advertisement published by Malayala Manorama Daily
Exhibits marked on the side of Opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost - Rs.3,000/-
