D.O.F:02/12/2021

                                                                                                  D.O.O:20/06/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD

CC.No.223/2021

Dated this, the 20^th day of June 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Vishwabaran. M. Aged 49

S/o. Krishnan Nair

Vadakkekara Veedu

Mulleria. P.O 671543                                  : Complainant

Karadukka Panchayath

Kasaragod Taluk & District

                                                            And

Proprietor

Hindusthan Business Corporation

Sara Complex, South Bazar

Payyannur, Kannur District                                   : Opposite Party

ORDER

SMT.BEENA.K.G: MEMBER

     This complaint is filed on the ground of unfair trade practice and deficiency in service on the part of Opposite Party as they failed to issue proper bill and guaranty card for a product which is displayed by Hindustan business corporation in an exhibition conducted by CPCRI  Kasaragod.

     The brief facts of the case is that the CPCRI Kasaragod has conducted an Exhibition on 29/02/2021.  The complainant has visited aforesaid exhibition and impressed by a body massager, displayed by Hindustan business corporation, the complainant has given an advance amount of Rs. 500/- to the body massager on 29/02/2021.  The Opposite Party offered to deliver the product on 03/03/2020 but they failed to deliver the item in time.  The complainant contacted Opposite Parties through phone and directed to collect the product from Kasaragod.  When the complainant went to take delivery of the product the Opposite Party was not ready to issue original bill and guaranty card.  As a vigilant consumer, complaint hesitates to purchase the product without proper bill and guarantee card so he demanded the advance amount.   The Opposite Party was not ready to refund the advance amount of Rs. 500/-.  Thereafter the complainant again contacted the Opposite Party through phone and Opposite Party agreed to give the product with original bill and guaranty card.  Complainant  continuously contacted the Opposite Party either for the product or the advance amount for the last two years.  The Opposite Party had given three phone numbers to contact them but they are not available in those numbers.  At last Opposite Party agreed to transfer the advance amount through bank account of the complainant.  Hence the copy of the complainants pass book send through whatsap.  But Opposite Parties neither transferred the money nor attending phone calls now.   Even now their office is functioning in Payyannur hence the complaint for necessary redressal.

     Notice to Opposite Party returned stating ‘refused’ name of Opposite Party is called absent set exparte.

    The complainant filed proof affidavit in lieu of chief examination Ext A1 marked. 

     The main questions raised for consideration are:

1. Whether there is unfair trade practice or deficiency in service on the part of Opposite Parties?
2. If so what is the reliefs?

      For convenience issue No:1 and 2 can be discussed together.

     The case of the complainant is that he has gone to an exhibition conducted by CPCRI Kasaragod where a body massager is displayed by Hindusthan Business corporation.  Complainant has given an advance amount of Rs. 500/- to the above product on 29/02/2020.  The Opposite Party promised to deliver the product in 03/03/2020.   But the product is not delivered on that date.  The complainant contacted Opposite Parties through telephone and Opposite Party agreed to deliver the product on Kasaragod.   Thus when complainant went to take delivery of the product, it had no original bill and guaranty card.  Complainant demanded original bill and guaranty card or the advance amount.  But Opposite Party was not ready to comply the demands of the complainant.  The Opposite Party offered to deliver the product with original document within one week.  But even after two years, Opposite Party failed to comply his promise.  Complainant has produced Ext A1 order form which is marked as Ext A1.   Ext A1reveals that the product is assured with two years guaranty and three years free service. But the product is not supported with proper bill and guaranty card.   Selling a product without original bill amounts to unfair trade practice and deficiency in service.  The advance for the body massager is given on 29/02/2020.  But so far the product is not delivered shows gross deficiency in service and unfair trade practice on the part of Opposite Party.   Ext A1 proves that the allegation of the complainant is true.  The irresponsible attitude of Opposite Party caused severe mental agony and loss to the complainant. 

    In the absence of rebuttal evidence we holds that complainants loss and agony has to be compensated in terms of money.  Refund of the advance amount with compensation and cost is a reasonable remedy in this case.   

    Therefore complaint is allowed directing the Opposite Party to refund Rs. 500/- (Rupees Five hundred only) with a compensation of Rs. 3000/- (Rupees Three thousand only) along with Rs. 2000/- (Rupees Two thousand only) as cost.

     Time for compliance is 30 days from receipt of the copy of the Judgement. 

      Sd/-                                        Sd/-                                                        Sd/-

MEMBER                              MEMBER                                          PRESIDENT

Exhibit

A1- Order Form

        Sd/-                                       Sd/-                                                      Sd/-

MEMBER                              MEMBER                                          PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/