D.O.F:03/05/2021
D.O.O:30/03/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.89/2021
Dated this, the 30th day of March 2022
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M: MEMBER
SMT.BEENA.K.G : MEMBER
Namshad Amoo aged 31 years
R/at Jaseela Manzil, star Nagar,
Bevinje, Thekkil Fery Post, : Complainant
Kasaragod Dist – 671541
(Adv. Udaya Kumar.R)
And
1. The Manager
Payyannur Idealdecor Trading LLP
V/592/1 TO V/592/11
RS NO 100/9, Kannur, National Highway, Kandoth
Pin: 670307 : Opposite Party No: 1and 2
2. Vikas
Sales Execute
Payyannur Idealdecor Trading LLP
V/592/1 TO V/592/11
RS NO 100/9, Kannur, National Highway, Kandoth
Pin: 670307
ORDER
SRI.RADHAKRISHNAN NAIR.M: MEMBER
The complaint is filed under section 12 of the Consumer Protection Act, 1986 (as amended)
The facts of the case in brief is that the complainant purchased certain Home appliances from the Opposite Party on 30.08.2020 paying Rs.2,95,000/- out of which Rs.1,80,000/- was paid for a special offer of "Corona combo " introduced by Opposite Party No .2. The above combo offer was 3 items including Gas Stove and oven in 2 numbers of various 2 categories of oven. The Opposite Parties had promised that they would install the above items by the company staff within 10 days, but inspite of several requests it was not done. The complainant's house warming ceremoney was fixed on 01-01.2021 and the same was duly informed to the Opposite Parties. Since the Opposite Parties didn't install the ovens even after 9 months of its purchase, it was great insult for the complainant and his reputed family, as the guest visited his house were enquiring about the same.
The non installation of the oven is gross negligence and service deficiency on the part of Opposite Parties due to which the complainant suffered great mental agony. Hence this complaint is filed for a direction to the Opposite Party to take back the oven items No. 3 and 4 shown in the Tax Invoice dated 30. 08. 2020 and to pay Rs. 1,80,000/- towards refund of price and Rs.50,000/- towards compensation for mental agony and Rs.10,000/- costs.
The notice sent to the Opposite Party duly served but they never appeared, called absent and set exparte. The Complainant filed proof affidavit in Iieu of chief examination and marked document as Ext. A 1. The Ext - A1 is a copy of the Tax Invoice dated 30 08 2020 issued by fine Opposite Party No.1. at the time of purchase of the items.
Based on the pleadings and evidence in this case the following issues are framed for consideration.
- Whether there is any service deficiency or unfair trade practice on the part of any of the opposite party?
- If so, what is the relief and costs?
For convenience, all the above issues are discussed together.
The specific case of the complainant is that he purchased certain Home appliances from the Opposite Party on 30.08.2020 paying Rs.2,95,000/- out of which Rs.1,80,000/- was paid for a special offer of "Corona combo " introduced by Opposite Party No .2. The above combo offer was 3 items including Gas Stove and oven in 2 numbers of various 2 categories of oven. The Opposite Parties had promised that they would install the items by the company staff within 10 days but inspite of several requests it was not done. The complainant's house warming ceremoney was fixed on 01-01.2021 and the same was duly informed to the Opposite Parties. Since the Opposite Parties didn't install the ovens even after 9 months of its purchase, it was great insult for the complainant and his reputed family as the guest visited his house were enquiring about the same.
The non installation of the oven is gross negligence and service deficiency on the part of Opposite Parties due to which the complainant suffered great mental agony.
Here the document Ext. A 1 would show that the complainant had purchased some 9 items of products by paying a total amount of Rs. 2,95,000/- from the Opposite Parties.
The complainant has no issues with any of the above products, except with the items No. 3 and 4, which are ovens, as the Opposite Parties didn't take steps to install those items.
Considering the facts and circumstance of this case, in the absence of any rebuttal evidence, this commission is of the view that there is service deficiency and negligence on the part of the Opposite Parties.
The complainant prays for direction to the Opposite Party to take back the oven items No. 3 and 4 shown in the Tax Invoice dated 30. 08. 2020 and to pay Rs. 1,80,000/- towards refund of price and Rs.50,000/- towards compensation for mental agony and Rs.10,000/- costs.
The demand of the complainant to refund the price amount of items No.3 and 4 after taking back the same by the Opposite Parties, is quiet justified. But the demand for Rs.1,80,000/- in that account has no basis .
The price amount of Item No. 3 is Rs.38,330.75/- and the price amount of Item No. 4 is Rs. 29, 190.75. The total amount for the above two items is Rs.67,521.50/-. The above amount with interest can be fixed. Also there no basis for demand for compensation of Rs. 50,000/- An amount of Rs.20,000/- is a reasonable compensation.
In the result the complaint is allowed and the Opposite Parties are directed to pay Rs.67,521.50/- to the complainant, with interest at the rate of 8% per annum from 03.05.2021, the date of complaint, till the date of payment. The Opposite Parties are also directed to pay Rs. 20,000/- (Rupees Twenty thousand only) towards compensation and Rs. 5,000/- (Rupees Five thousand only) towards costs to the complainant.
The complainant is directed to hand over the product items No.3 and 4 mentioned in the Ext - A1 at the time of payment of the amounts.
Time for compliance is 30 days from receipt of the copy of the Judgement.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibit
A1- Tax invoice
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
