DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 3RD DAY OF MARCH, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date Of Filing: 28.12.2023.
CC/355/2023
Vivek.K.S, S/o.Shanmughan, - Complainant
Kaitharavu House, Vandithavalam PO,
Chittur Taluk, Palakkad-678 534.
(By Adv.K.V.Surendran)
Vs
1. Varsha Pradeep, -Opposite Parties
W/o.Midhun, Kachani,
Karakulam (PO),
Trivandram-695 564.
2. Midhun, Sheeja Bhavan,
Kachani, Karakulam PO,
Trivandrum-695 544.
(Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant:
The complainant purchased a puppy of Great Dane breed from the opposite parties paying a total consideration of Rs.13,500/-. The puppy was delivered on 16.03.2023. At the time of purchase the opposite parties had promised to give the authorised registration certificate of the puppy within two months of purchase. But when the registration certificate was received after three months it was seen issued in the name of the 1st opposite party and belonging to another puppy having fawn colour instead of Brindle coloured puppy delivered to the complainant. When the said defect was brought to the notice of the opposite parties, they assured to give a new certificate for the puppy sold to the complainant. When the defective certificate was sent to the opposite parties through professional couriers, the opposite parties refused to accept the same. The complainant sent a lawyer notice to the opposite parties on 01.11.2023 which was also returned as “unclaimed”.
Aggrieved by the above the above act of the opposite parties, this complaint is filed seeking refund of Rs.13,500/- along with interest @12% p.a. and a compensation of Rs.25,000/- apart from issuing a fresh registration certificate for the puppy purchased.
2. Notices were issued to the opposite parties. As the notices were returned with endorsement ”unknown”, the complainant was directed to produce the email id of the opposite parties. Though the notices sent through email were delivered to the opposite parties they did not enter appearance and hence, their name were called in open court and were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A5 as evidence. Ext.A1 is the copy of the registration certificate given to the complainant, Ext.A2 is the returned envelop sent to the 2nd opposite party through professional couriers, Ext.A3 is the copies of screen shots and bank statement showing the payments made by the complainant to the opposite parties, Ext.A4 is the photo copies of screenshot of advertisement made by the opposite parties and Ext.A5 is the copy of the lawyer notice returned undelivered.
4. As the opposite parties were set ex-parte, this Commission has to rely on the proof affidavit and documents placed on record by the complainant to find out whether there is any prima facie case against the opposite parties.
5. The only grievance of the complainant is that the opposite parties failed to issue proper registration certificate for the puppy purchased by the complainant. The certificate marked as Ext.A1 is seen issued for a Great Dane puppy having fawn colour as alleged by the complainant instead of Brindle coloured one purchased by the complainant. Having sold a Brindle coloured puppy to the complainant, the opposite parties are duty bound to give a proper registration certificate for the same to the complainant and the failure to do so tentamount to deficiency in services or unfair trade practice.
6. As a prima facie case is proved against the opposite parties, the complainant is allowed and the following reliefs are ordered.
1) The opposite parties are directed to provide a fresh and proper registration certificate to the puppy purchased by the complainant failing which Rs.13,500/- is to be refunded to the complainant along with interest @10% pa from 14.03.2023 till the date of payment.
2) The opposite parties are directed to pay Rs.25,000/- as compensation for deficiency in service and resultant suffering and mental agony.
3) The opposite parties are also liable to pay Rs.10,000/- as cost of litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 3rd day of June, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Copy of the registration certificate given to the complainant
Ext.A2: The envelop sent to the 2nd opposite party through professional couriers returned undelivered.
Ext.A3: The copies of screen shots and bank statement showing the payments made by the complainant to the opposite parties
Ext.A4: The photo copies of screenshot of advertisement made by the opposite parties.
Ext.A5: The copy of the lawyer notice issued returned undelivered
Documents marked from the side of opposite parties
Witness examined from the complainant’s side: NIL
Witness examined from the opposite parties side: NIL
Cost : 10,000.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
