Kerala

Thiruvananthapuram

CC/19/475

S Padmanabhan Nair - Complainant(s)

Versus

THS Travancore Solutions - Opp.Party(s)

25 Oct 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

                           SRI.P.V.JAYARAJAN         : PRESIDENT

                          SMT.PREETHA G NAIR      : MEMBER

                          SRI.VIJU.V.R                      : MEMBER

                                                

CC.NO.475/2019 (Filed on : 24/12/2019)

ORDER DATED : 25/10/2022

COMPLAINANT

 

S.Padmanabhan Nair,

Padmavilasom.T.C, 6/1116(2)

Kanjirampara.P.O,

Thiruvananthapuram – 695030

(Party in person)

 

                                                 VS

OPPOSITE PARTY

 

Proprietor,

THS Travancore hearing Solutions,

1^st Floor, Falcon Tower,

Ambalamukku, Kowdiar.

Thiruvananthapuram - 695003

(Exparte)

ORDER

SRI.VIJU.V.R        :MEMBER

1.       This complaint is filed under section 12 of Consumer Protection Act 1986. The brief facts of the case is that the complainant purchased an ear phone from opposite party for an amount of Rs 14,391/- on 22/6/2019. But he has not got any benefit from the ear phone. The complainant took the ear phone to the opposite party for several times, but the grievance of the complainant was not solved by the opposite party. The complainant has approached the opposite party so many times which caused much physical difficulties to the complainant. The act of the opposite party amounts to deficiency in service, hence this complaint.

2.       Even though the opposite party received notice, the opposite party did not appear before this commission and hence opposite party was set exparte.

3.       Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

4.       Issues (i) and (ii)

The complainant had filed proof affidavit and has produced 2 documents which were marked as Exts. A1 & A2.  It can be seen from Ext.A1 that the complainant has intimated the opposite party regarding the non benefit of the ear phone. But the opposite party has not responded to Ext.A1.The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

      In the result, the complaint is allowed.  The opposite party is directed to pay  Rs.14,391/- to the complainant and pay Rs 10,000/- as compensation for the mental agony suffered by the complainant and Rs.2,500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost will carry an interest  @ 9% per annum from the date of order till realization.

             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

      Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in the Open court, this the 25^th day of October 2022.

 

                                                                              Sd/-

P.V.JAYARAJAN   :  PRESIDENT

                                                                                       Sd/-

PREETHA G NAIR   :  MEMBER

                                                                                               Sd/-

VIJU.V.R   : MEMBER

 

 

 

 

 

 

 

 

 

 

Be/

 

APPENDIX

CC.NO.475/2019

List of witness for the complainant

PW1                      - S.Padmanabhan Nair

Exhibits for the complainant

Ext.A1                  - Copy of registered letter dated 13/12/2019

Ext.A2                  - Copy of details of warranty card

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

 

                                                                                               Sd/-

                                                                                        PRESIDENT