O R D E R

Smt. K.P. Padmasree (Member – I):

The complainant filed this petition u/s. 12 of the C.P Act 1986 against the opposite parties for getting a relief from the Forum.

2. Brief fact of the complainant’s case is as follows: After seeing an advertisement of Torra International, in Television complainant ordered a Combo Pack worth Rs.999/-.  It contains LED light, Power bank and selfie stick.  1^st opposite party delivered the same through the 2^nd opposite party.  Due to the defect of power socket led lamp become defective.  Complainant contacted with the opposite party on 04/02/2016 through their customer care.  1^st opposite party requested to send the combo set to them.  Complainant did the same.  Complainant several times contact with the 1^st opposite party to getting back the replaced combo pack.  But they did not turn up.  Finally complainant send a registered notice to the 1^st opposite party demanding the combo pack.  Then on 18/04/2016 through the Professional Courier Pathanapuram 1^st opposite party delivered power bank and LED light only.  When the power bank was not in good condition complainant contacted the 1^st opposite party through customer care.  But there was no response from the opposite party.  The above said act of the 1^st opposite party is a clear deficiency in service towards the customer, which caused financial loss and mental agony to the complainant.  Hence this complaint is for the return of the amount of Rs.999/- along with cost and compensation from the opposite parties.

3. Forum issued notice to the opposite parties for their appearance.  Even though opposite parties received the notice but they not turned up.  Hence opposite parties are declared ex-parte.

4. In this case we framed the following issues:

1. Whether the complainant is allowable?
2. Cost and Compensation?

5. Point Nos.1 & 2:-  For the sake of convenience we consider Point No.1

& 2 together.  The evidence of the complaint consists of the oral deposition of complainant as PW1 and Exts. A1 to A4.  Ext.A1 is the Invoice of 1^st opposite party dated 29/01/2016 for Rs.999/-. Ext. A2 is the bill issued by 2^nd opposite party dated 05/02/2016.  Ext. A3 is the copy of notice issued by the complainant to the 1^st opposite party dated 18/04/2016.  Ext.A4 is the Acknowledgement card of Ext.A3 dated 22/04/2016.

                   6. On going through the Ext. A1 and A2 it is evident that complainant purchased combo pack worth Rs.999/- from the 1^st opposite party and which is delivered by the 2^nd opposite party.  Through Ext. A3 it is seen that complainant send notice demanding repairing/replacing of the damaged combo pack and the same notice is received by the 1^st opposite party on 22/04/2016.  But they did not turn up.  Opposite parties are declared exparte.  The evidence adduced by the complainant as PW1 is unchallengeable as far as the opposite parties are concerned.  We believe the evidence adduced by PW1 in this case.  It is also to see that the 2^nd opposite party has not committed any deficiency against PW1. 

                   7. Hence this complaint is allowable against 1^st opposite party.  2^nd opposite party is a courier agent who is not committed any deficiency in service against the complainant.  Hence he is exonerated from his liability.

                   8. In the result, we pass the following orders:

1. 1^st opposite party is directed to return the price of the compo pack Rs. 999/- (Rupees Nine hundred and ninety nine only) to the complainant.

2. 1st opposite party is also directed to pay a compensation of Rs. 5,000/-(Rupees Five Thousand only) and cost of Rs. 2,000/-(Rupees Two Thousand only) to the complainant within 15 days from the receipt of this order, failing which complainant is allowed to realize the whole amount ordered herein above with 10% interest from the date of order.

    Declared in the Open  Forum on this the 30^th day of November, 2016.

                                                                                                 (Sd/-)

                                                                                        K.P. Padmasree,

                                                                                            (Member – I)

Sri. P. Satheesh Chandran Nair (President)  :   (Sd/-)

Smt. Sheela Jacob (Member – II)                  :    (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Joseph Sam

Exhibits marked on the side of the complainant:

A1 :  Invoice dated 29/01/2016 for Rs.999/- issued by 1^st opposite party

        to the complainant.

A2 :  Bill dated 05/02/2016 issued by 2^nd opposite party to the complainant. 

A3 :  Copy of notice issued by the complainant to the 1^st opposite party

        dated 18/04/2016. 

A4 :  Acknowledgement card of Ext.A3 dated 22/04/2016.

Witness examined on the side of the opposite parties:  Nil

Exhibits marked on the side of the opposite parties:  Nil

                                                                                                (By Order)

Copy to:- (1) Joseph Sam, Ezhiyathu Veedu, Murinjakal.P.O,

                    Koodal – 689693                                                          

              (2) Torra  International, Door No.VII/262A, Kokkur Post,

          Pin – 679 591, Malappuram.

        (3) D.T.D.C Courier Service, Konni, China Junction,

                   Pin – 689 691.

              (4) The Stock File.