By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act of 1986 against opposite parties for the unfair trade practice.
2. Brief of the complaint:- The complainant purchased a V-Guard 01 Hp motor to be used for the water supply system in his house on 29.06.2013 from opposite party No.1 at a cost of Rs.7,500/-. No bill, Warranty card and guarantee was issued by the opposite party No.1 for the purchase and when it was asked opposite party No.1 told that bills are not in stock and will give later. Relying it the complainant took the motor to home. When it fitted it did not work. When it was reported to opposite party No.1, the opposite party No.1 replaced the motor with another one by name 'ATEXON, at this time also opposite party No.1 not issued the proper bill and guarantee card, after that also complainant approached the opposite party No.1 for Bill and guarantee card but opposite party not provide the bill and card.
3. On feeling the foul play by opposite party No.1 the complainant enquired the price of the new motor in the market and found that the ATEXON motor only cost less than Rs.2,500/-. Thereafter the complainant approached for refund of the difference amount of old motor and new motor but it was also vain. At last on 06.09.2013 the complainant approached the opposite party's shop at that time the sales man Mr. Sabith categorically said that they will not issue Bills and guaratee cards.
4. The complainant further says that the above said act of the opposite parties are unfair trade practice and deficiency of service and the complainant prayed before the Forum to direct to refund the excess amount charged by the opposite party No.1 and all papers on purchase like sales Bill, guarantee/warranty papers etc... and cost and compensation.
5. On receipt of the complaint notice were served to opposite parties and opposite party No.1 appeared and filed version, opposite parties No.2 and 3 called ex-parte. In the version opposite party No.1 denied all the averments in the complaint.
6. On analyzing the complaint, version and affidavits the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
7. Point No.1:- In addition to the complaint, the complainant filed affidavit and stated as stated in the complaint. He is examined as PW1 and opposite party filed proof affidavit and stated as stated in the version and he is examined as OPW1, other witnesses are examined as OPW2 and OPW3. The main allegation of the complainant is that the opposite party No.1 not issuing bills and guarantee card and warranty card to the customers. On that aspect the OPW1 deposed before the Forum that “we have not provided any bills for the products sold from our shop” and in the version and affidavit the opposite party admitted that some items ie electric wire, switch, tap, pvc pipes etc... were bought by the complainant from his shop. From this statement of OPW1, the Forum is of the opinion that an adverse inference can be drawn against opposite party No.1 In the above circumstances we found the non issuance of bill and other documents pertaining to the sale is a clear deficiency of service and unfair trade practice from the side of opposite parties. Hence the Point No.1 is found accordingly against the opposite parties.
8. Point No.2:- Since the Point No.1 is found in favour of the complainant the opposite party No.1 is liable to pay cost and compensation and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite party No.1 is directed to refund the difference amount of the old motor and new motor ie Rs.4,500/- (Rupees Four Thousand and Five Hundred only) and Rs.500/ -(Rupees Five Hundred only) as compensation and Rs.1,000/- (Rupees One Thousand only) as cost of the proceedings. The opposite party No.1 must comply the Order within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of November 2014.
Date of Filing:20.09.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Abdulla Haji. Complainant.
Witness for the Opposite Parties:
OPW1. Sabith. Salesman.
OPW2. Sajir. Autorickshaw Driver.
OPW3. Ashraf. Plumbing Work.
Exhibits for the complainant:
Nil.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
