DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 30th day of December 2020
Present: Sri.V.P.Anantha Narayanan, Member(President I/c)
: Smt.Vidya.A, Member Date of Filing: 14/02/2020
CC /25/2020
M.Unnikrishnan,
S/o.V.Mayandi(late), - Complainant
4/524, “Surya Kiran”,
Near Govt. Poly Techinic College,
Chemattiyappadam, Kodumbu(PO),
Palakkad – 678 551.
(By Party in Person Only)
V/s
The Proprietor,
Odeon Electrical Enterprises, - Opposite party
23/241(1), Odeon Building,
CBE Road, Sulthanpet,
Palakkad – 678 001.
O R D E R
By Smt.Vidya.A, Member
Brief facts of the complaint
The opposite party is conducting business in the name of ‘Odeon Electrical Enterprises’ at Sulthanpet, Palakkad. On 25/01/2020, the complainant purchased a ‘mosquito bat’ from the opposite party’s shop for Rs.180/-. The complainant kept the bat for one week and put it for charging when he wanted to use it. At that time he noticed that the light indicating charge in the bat was not working. So he approached the opposite party’s shop on 04/02/2020 and informed the defect in the bat to one of the staff of the opposite party and asked him to check it and replace if there is any defect. Then the opposite party interfered and asked the complainant about the problems. After hearing the matter, he told the complainant that he has no responsibility in this matter and he is not going to check the defect and repair or replace it. The opposite party behaved very rudely and asked him to go out of the shop without causing obstruction to his business. The opposite party did not give the bill for the purchased item and when the complainant asked for it, he asked him to come later. When the complainant checked the cover of the ‘mosquito bat’ he purchased the MRP, name and place of manufacturing company and date of manufacturing are not seen printed on the cover. The acts of the opposite party in not repairing or replacing the defective item and misbehavior on his part had caused mental agony to the complainant. Hence this complaint is filed for getting the refund of the amount paid by him and for compensation of Rs.10,000/- for mental agony, time loss and inconvenience suffered by him.
Complaint admitted and notice issued to the opposite party. Notice was served to the opposite party and he appeared. But after that he did not file version and there was no representation from his part. So his name called absent and set ex-parte.
Complainant filed chief affidavit in order to substantiate his claim and Ext.A1 is marked.
Heard the complainant.
Main issues arising for consideration are:
- Whether there is any deficiency in service on the part of the opposite party?
- If so, what is the relief as to cost/Compensation?
Issues 1&2
From Ext.A1, the ‘Tax invoice’ dated 25/01/2020, it is clear that the complainant purchased a ‘mosquito bat’ from the opposite party’s shop for Rs.180/-. As per the complaint, when the complainant kept the bat for charging, the light indicating the charge in the ‘mosquito bat’ was not working. On 04/02/2020, he approached the opposite party and informed him about the defect. But the opposite party hesitated to check it and was not ready to replace it. Further according to the complainant, he misbehaved in front of the staff and public and did not give the bill for the purchased item and asked him to come later for it.
As the opposite party did not file version and remained ex-parte, there is nothing to discredit the evidence adduced by the complainant.
If there is any defect in the purchased item the opposite party being the seller is bound to cure the defect or replace the item. But according to the complainant he refused to do and behaved in indecent manner. These kinds of acts on the part of the opposite party is a clear case of deficiency in service.
Further as per the complaint, the cover of the bat did not have the details such as name and place of manufacturing company, date of manufacturing, MRP and details of warranty. This amounts to “unfair trade practice”. The seller is bound to mention all the information relating to the items which is kept for selling.
It is clear that the complainant suffered mental agony when he could not use the newly purchased item because of its defect and the misbehavior on the part of the opposite party had aggravated this. The complainant was forced to file this complaint and was unnecessarily dragged before this Forum. This caused time loss and inconvenience. So the opposite party has to compensate the complainant for that.
In the result, the complaint is allowed. The opposite party is directed to refund the amount of Rs.180/-(Rupees One hundred and Eighty only), the price of the mosquito bat and a compensation of Rs.2,000/-(Rupees Two Thousand only) for the deficiency in service and unfair trade practice on the part of the opposite party and for the mental agony, time loss and inconvenience suffered by the complainant. Once the order is executed the complainant is directed to return the mosquito bat to the opposite party.
The order shall be executed within 30 days from the date of receipt of this order; otherwise complainants are also entitled to get interest @ 9% per annum on the total amount due to them from the date of this order till realization.
Pronounced in the open court on this the 30th day of December 2020.
Sd/-
V.P.Anantha Narayanan
Member(President I/c)
Sd/-
Vidya.A
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 –Tax invoice issued by opposite party dated 25/01/2020.
Exhibits marked on the side of Opposite Party
NIL
Witness examined on the side of complainant
NIL
Witness examined on the side of opposite party
NIL
Cost : NIL
