5. Opposite party appeared as party in person but not filed version.
6. The complainant examined himself as (PW-1) affidavit and got marked Ex. P1 to P5 documents.
7. On the basis of the pleading and documents, the points that would arise for consideration are as under:
i) Whether the complainant proves the deficiency of service on the part of the opposite party?
ii) Whether the complainant is entitled for the reliefs as sought in the complaint?
iii) What order?
8. Our findings on the aforesaid points are as follows:
Point No.1 : In affirmative.
Point No.2 : Partly in affirmative.
Point No.3 : As per the final order for the following;
REASONS
9. POINT NO.1:- In this case as per Ex.P1 the complainant had purchased the Cuckoo clock of Orpat brand model Cuckoo 027 by paying Rs.9,300/-. As per Ex P5 the above clock having warranty of 12 months. Since from the date of purchase the clock was not in proper working condition, specifically the cuckoo sound from the clock was not emerging properly. As per Ex.P2 the complainant brought to the notice of the Opposite party the defect on 29.08.2020. The Opposite party was supposed to rectify the defect immediately after having the notice. But the Opposite party did not do the same. As per Ex P2 averments the complainant bought to the notice of the opposite party with regard to the defect of the clock on 29.08.2020 i.e. on the next day of purchase. Once again on 09.09.2020 the complainant experienced the defect of clock, after repaired from the opposite party. Inspite of repeated notice of defect in the clock, the Opposite party has failed to cure the defect of the clock and failed to put the clock in proper working condition. For that the complainant visited the shop of the Opposite party several times. Inspite of that, the Opposite party failed to put the clock in proper condition. Being the seller the Opposite party has to provide the defect free product after receiving the amount from the complainant. In this case, the Opposite party did deceptive practice by providing defective clock to the complainant which amounts to unfair trade practice within the meaning of Section 2(47) of the Consumer Protection Act 2019. This kind of attitude is to be curtiled. Hence we fix the liability of the Opposite party for refund of the purchase amount received by the complainant. In this case, the complainant has paid Rs.9,300/- for purchase the clock, same is to be refunded by the Opposite party with interest. In addition to that complainant is also entitled for Rs.5,000/- for the inconvenience caused and Rs.5,000/- litigation cost. Hence we answer Point No.1 in affirmative.
9. POINT NO.2:- The complainant has paid Rs.9,300/- to purchase the cuckoo clock from the opposite party. The complainant is entitled for Rs.9,300/- from the Opposite party with 9% interest from the date of purchase i.e. from 28.08.2020. The complainant is also entitled for Rs.5000/- as compensation for the inconvenience and Rs.5,000/- as litigation cost, payable by the opposite party. Hence we answer Point No.2 partly in affirmative.
10. POINT NO.3:- In view of the discussion made above, we proceed to pass the following;
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The complaint is allowed in part.
The opposite party is directed to pay Rs.9,300/- to the complainant with interest @ 9% per annum from the date of purchase i.e. 28.08.2020 till realization.
Further the opposite party shall pay a sum of Rs.5,000/- to the complainant as compensation for mental agony and inconvenience, and Rs.5,000/- towards litigation cost.
The Opposite party shall collect the defective clock from the complainant and in case the Opposite party fails to do the same, the same shall be deposited before the commission and it shall be disposed-off in accordance with law after the appeal period is over.
The opposite party shall comply the order within 30 days. In case, it fails to comply the order within the said period, the above said amount of Rs.10,000/- carries interest at the rate of 9% p.a. from the date of order till realization.
Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 30th day of November, 2022)
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA. K)
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//ANNEXURE//
Witness examined for the complainants side:
Sri Ronnie Kiran Mathew, the complainant has filed his affidavit.
Documents marked for the complainants side:
1: Copy of the Invoice dt.28.08.2020.
2: Copy of the letter dt:14.09.2020 with postal receipt.
3: copy of the email letter dt:28.06.2021 with postal cover and receipt.
4: Copy of the postal track consignment.
5: Copy of the warranty card.
Witness examined for the opposite party side:
Documents marked for the Opposite Party side:
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA, K)
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