IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 05th day of June, 2020
Filed on. 27.09.2019
Present
1. Sri.S.Santhosh kumar, Bsc. LLB(President)
2. Smt. Sholy.P.R. LLB(Member)
In
CC/No.244/2019
Between
Complainant:- Opposite party:-
Sri. Bibin B.P The Authorized Signatory
Palliparambil Sreejith Traders,
Kalavoor.P.O Near Police Station
Alappuzha Cherthala
O R D E R
SMT. SHOLLY.P.R (MEMBER)
Brief case of the complainant is as follows:-
On 16/9/2019 the complainant has purchased a LG LED TV 32” LM576 BPTC SMART from the opposite party for a total price of Rs. 21,000/-(Twenty one thousand only). It was purchased by the complainant by instigation of an advertisement made by the opposite party as “hne¡pdhv Xncn¨dnªm Xncn¨p hcm³ aSn¡cpXv.” But thereafter the complainant realized the difference of price of the similar Television which was purchased by one of the friends of the complainant from TV world, Alappuzha 5 days before the alleged purchase. On seeing the difference of price of the same model TV, the complainant called the opposite party and informed the above fact but they humiliated the complainant by saying that after buying the product don’t say complainant about the product by
enquiring from other shops. And the opposite party also replied that the T.V world may have given discount to their relatives and which caused mental agony of the complainant there by filed this complaint for return of the purchase money of the said TV and compensation and for costs of the proceedings from the opposite party.
Notice was issued to the opposite party and it was served and called absent. Hence the opposite party was set exparte.
The complainant filed proof affidavit in lieu of chief examination and got marked Ext.A1 and A2 documents.
2. The point came up for consideration are:-
(1) Whether there is any deficiency in service or unfair trade practice
on the part of the opposite party?
(2) Whether the complainant is entitled to get back the entire price of
the TV which he purchased from the opposite party?
(3) Reliefs and Costs?
3. Points No.1 and 2:-
The unchallenged averments in the affidavit coupled with Ext.A1 and A2 documents would establish the fact that the TV which the complainant purchased from the opposite party charged Rs.21,500/-(Twenty one thousand five hundred) and his friend purchased the same model of TV from another shop for Rs.19500/-(Nineteen thousand five hundred). And the complainant was noticed the difference of price in the comparison of the Ext.A1 and A2 and he informed his grievance to the opposite party but not respondend by the opposite party. More over the opposite party has behaved with rudely and irresponsibly. It is shown in the Ext.A1 and A2 that the above mentioned to products were purchased with a gap of 5 days and a difference of invoice amount is Rs. 2000/-. In our opinion there is no chance for such a difference of price to the same product in the market and it is a clear proof of unfair trade practice committed by the opposite party. Even though the opposite party committed unfair trade practice as stated above, we are of the view that the complainant is entitled to return Rs.2000/- from the opposite party as excess amount realized from the complainant, because the TV purchased is still in the custody of the complainant without any defect. Due to the unfair trade practice committed by the opposite party the complainant sustained mental agony and hardship and thus the complaint entitled to get compensation and cost. Points 1 & 2 are answered accordingly.
Point No.3
In the result the complaint stands allowed in part.
The opposite party is directed to pay Rs.2000/- (Two thousand) being the excess amount realized to the TV with the interest @ 12% per annum from the date of complaint till realization to the complainant and Rs.2000/- (Two thousand) towards compensation and also directed to pay Rs. 1000/-(Thousand) towards cost of the proceedings. The order shall be complied within 30 days of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 05th day of June, 2020.
Sd/-Smt. P.R.Sholly (Member)
Sd/-Sri. S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Tax Invoice dtd. 16/9/2019
Ext.A2 - Tax Invoice dtd.11/9/2019.
Evidence of the opposite parties:-Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
