DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Thursday the 29th day of February 2024
CC.332/2023
Complainant
Ismail.O.K,
Chelappurath Thazham (HO),
Palath (PO),
Kozhikode, PIN – 673 611,
(By Adv. Anas.V)
Opposite Party
The Store Manager,
Decathlon Sports India (P) ltd,
Survey No. 18/2, Pantheerankavu,
Kozhikode- 673 019.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 29/05/2023 the complainant purchased a football having model ‘KIPSTA F900 Thermo S5 White’ from the opposite party shop paying Rs. 1999/-. While purchasing the football, the sales staff of the opposite party had assured that the same is made up of highly durable material and has good reviews from the customers. It was displayed in the store that the football was having a warranty of 2 years.
- But within one month of the purchase, the outer layer of the football became completely damaged. On 28/6/2023 the complainant approached the opposite party and demanded to get the promised warranty. But the opposite party has denied the claim without any reason.
- On 5/7/2023 the complainant has issued a lawyer notice to the opposite party, which evoked no response. The act of the opposite party amounts unfair trade practice and deficiency of service. Much inconvenience and mental agony was caused to the complainant. Hence the complaint to get refund of the price along with compensation of Rs. 25,000/- and cost of the proceedings.
- On receipt of the notice issued from this Commission, the opposite party entered appearance and filed vakkalath. But no version was filed and hence set ex-parte.
- The points that arise for determination in this complaint are;
1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2) Reliefs and costs.
- The complainant was examined as PW1 and Exts A1 to A4 and MO1 was marked.
- Heard.
- Point No 1: PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the print out of the image displayed in the shop. As per Ext A1, the product was having a warranty of 2 years. Ext A2 is the bill, Ext A3 is the copy of the lawyer notice dated 05/07/2023 and Ext A4 is the postal receipt and postal acknowledgment card. MO1 is the football. MO1 shows that the outer layer of it is damaged.
- The evidence PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not adduced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A4 and MO1. Unfair trade practice and deficiency of service on the part of the opposite party stands proved. MO1 has become a worthless product as far as the complainant is concerned and there was neglect on the part of the opposite party to address the concerns of the complainant over the product. The complainant is entitled to get refund of the price of the football amounting to Rs. 1,999/-. The act of the opposite party has resulted in inconvenience and mental agony to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstance, we are of the view that a sum of Rs. 3000/- will be reasonable compensation in this case.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
- CC.332/2023 is allowed in part.
- The opposite part is directed to refund Rs. 1,999/- (Rupees one thousand nine hundred and ninety nine only) to the complainant, being the price of the football. On such refund, MO1 will be released to the opposite party.
- The opposite party is directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.
- The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 1,999/- shall carry an interest of 6% per annum from the date of this order till actual payment
Pronounced in open Commission on this, the 29th day of February, 2024.
Date of Filing: 02/08/2023
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Print out of the image displayed in the shop.
Ext A2 - Bill
Ext A3 - Copy of the lawyer notice dated 05/07/2023
Ext A4 - Postal receipt and postal acknowledgment card
Exhibits for the Opposite Party
NIL.
Witnesses for the Complainant
PW1 - Ismail.O.K, (Complainant)
Witnesses for the opposite party
Nil
Material Object
MO1: Football
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True copy,
Sd/-
Assistant Registrar
