BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31st day of October, 2008

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.141 /2008

Between

Complainant : Alexander,

Areekattu House, Chelachuvadu P.O,

Double Cutting,

Idukki District.

(By Adv: Shiji Joseph)

And

Opposite Party : The Proprietor,

Kalpana Electricals,

Adimali.

O R D E R

SMT.SHEELA JACOB(MEMBER)

The complainant is a Teacher. The complainant on 15.04.2008 purchased two ceiling fans and one Exhauster fan from the opposite party. The MRP of the 3 fans were Rs.1,100/-, Rs.1,050/- and Rs.765/- respectively. The total MRP of all the fans were Rs.2,915/-. But the opposite party charged Rs.3058.70 from the complainant. The opposite party charged excess price than the MRP price from the complainant. Alleging deficiency in service, the complaint has been filed for a direction to the opposite party to refund the charge in excess of the MRP and to pay compensation.
 

2. The opposite party is exparte. The complainant has given evidence as PW1 and Ext.P1 and MO1(series) were marked.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to ?
 

4. Ext.P1 is the bill issued by the opposite party on 15.04.2008. In Ext.P1 bill the total amount was Rs.3058.70. But in the MO1 series, the MRP of the fans were Rs.1,100/- , Rs.1,050/- and Rs.765/- respectively. In the MO1(c), the Exhauster fan's MRP was Rs.765/-. But in the Ext.P1 bill, the exhauster fan's cost is Rs.778/- ie, Rs.13/- is charged in excess of the MRP price and the opposite party charged again the vat and cess amount. The total MRP of 3 fans were Rs.2,915/-. But in the Ext.P1 bill, the opposite party was charged Rs.3058.70 from the complainant ie, Rs.143.70 as the excess price than MRP price from the complainant. The complainant was examined as PW1 and his evidence would show that there was clear deficiency in service on the part of the opposite party. In the circumstances of the case we feel that the opposite party is directed to refund Rs.150/- charged in excess of MRP from the complainant and Rs.1,500/- by way of compensation and cost of this petition.

In the result, the opposite party is directed to refund Rs.150/- along with Rs.1,500/- as compensation and costs to the complainant within 30 days of receipt of a copy of this order, failing which the outstanding amount shall carry interest at 12% from the date of default.
 

Pronounced in the Open Forum on this the 31st day of October, 2008
 

Sd/-

SMT.SHEELA JACOB(MEMBER)
 

Sd/-

I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
 

Sd/-

I agree SMT.BINDU SOMAN(MEMBER)
 

APPENDIX

Depositions

On the side of Complainant :

PW1 - Alexander

On the side of Opposite Parties :

Nil

Exhibits

On the side of Complainant :

Ext.P1 - Cash Bill dated 15.04.2008 for Rs.3058.70 issued by the opposite party

MO1(series) - Disputed fans' covers(3 Nos)

On the side of Opposite parties :

Nil