DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  15^th  day of December   2016

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                                  Date of filing: 27/08/2016

               : Sri.V.P.Anantha Narayanan, Member

                                                      (C.C.No.133/2016)       

Vinesh

S/o.Vasudevan,

Subiksha,
Chambrode Kalam,

Polpully Post,

Palakkad – 678 552                                          -       Complainant

(By Adv.C.Sreekumar &

B.Gangadharan)

V/s

The Manager

My  Telecart,

No.TR 60 C K House,

Vadakum Bhagam,

North Kazhakuttam

Trivandrum – 695 581                                     -        Opposite party

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of complaint.

On 10/02/2015 the complainant has purchased a vegetable cutter from the opposite party through their Television programme mentioned as My Telecart. The opposite party offered one year warranty for the said vegetable cutter. The opposite party delivered the said cutter to the complainant through their representative named Mani and issued an invoice No.TVM/01,order No.20150003048 dated 10^th February 2015 for an amount of Rs.2000/- and the complainant has paid the same and received the product on the same day.

On the very same day, when the complainant tried to use the said cutter, it was noticed that the cutting blade came out from the cutter and it could not be used for the cutting purpose. Immediately this defect was informed to the opposite party through their representative Mr.Mani. Mr.Mani promised the complainant that he will replace the product with a new one or he will repay the money as early as possible. Complainant submitted that even after repeated demands complainant’s grievance was not attended.

Then the complainant sent a lawyer notice to the opposite party. The opposite party neither sent any reply nor paid any amount till this date.

Complainant submitted that the act of the opposite party amounts to unfair trade practice and deficiency of service. The complainant has suffered financial loss and mental agony.

Hence the complaint.  Complainant prays for an order directing opposite party to repay Rs.2,000/- i.e. the cost of the product cutter plus, Rs.10,000/-   on account of mental agony suffered and cost of proceeding.

Complaint was admitted and issued notice to opposite party. After receiving the notice opposite party sent a letter to the Forum stating that they are ready to repay the cost of the cutter or replace the cutter with new one. But they did not settle the matter till the date of evidence.  Hence the complainant adduced evidence before the Forum.

Evidence of the complainant consists of his chief affidavit and Ext A1 to A4 documents. Vegetable cutter was marked as MO1.

The following issues are considered

1.Whether there is any deficiency in service on the part of opposite party ?

2.If so, what is the relief?

Issues 1 & 2

Ext A1 proves that the complainant has purchased vegetable cutter for Rs.2000/- on 10-2-2015 from the opposite party. Ext. A2 shows he had sent a lawyer notice to opposite party. On the examination of MO 1 it is revealed that the product has some defects. More over opposite party sent a letter to the Forum admitting the claim of complainant. Admitted facts need not be proved. Since there is no contra evidence available before us we are inclined to accept the evidence adduced by the complainant. In the above circumstances we are of the view that by selling defective products opposite party committed deficiency in service and unfair trade practice. 

In the result complaint is allowed.  We direct the opposite party to pay Rs.2,000/- (Rupees Two thousand only) towards the cost of cutter, Rs.1,000/- (Rupees One thousand only) as compensation for mental agony and Rs.2,000/- (Rupees Two thousand only) as cost of proceedings.

Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization. 

On payment of the ordered amount, opposite party is at liberty to take back the vegetable cutter produced before the Forum.     

      Pronounced in the open court on this the 15^th day of December 2016.

                                                                                               Sd/-

                      Shiny.P.R.

                      President   

                          Sd/-

                      Suma.K.P.

                      Member

                          Sd/-

    V.P.Anantha Narayanan

                 Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 –  Invoice No.TVM/01 dated 2/10/2015 issued by  opposite party 

Ext.A2 –  True copy of  Lawyer notice  dtd.16/2/15  sent to opposite  

Ext.A3 – Postal Receipt

Ext.A4 – Postal acknowledgement card

Exhibits marked on the side of Opposite parties

Nil

MO 1 – Cutter Plus with one year warrantee

Cost   

Rs.2,000/-allowed as cost of proceedings.