BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENA KUMARI. : MEMBER
SMT. S.K. SREELA : MEMBER
C.C.No. 369/2010 Filed on 19/11/2010
Dated : 28..02..2011
Complainant:
K. Manian, T.C. 27/2118, Chirakulam, Thiruvananthapuram – 695 001.
(party in person)
Opposite party:
The Proprietor, Vijay Electronics, T.C.12/481(1), Thekkummoodu, Vanchiyoor, Thiruvananthapuram – 35.
This O.P having been heard on 16..02..2011, the Forum on 28..02..2011 delivered the following:
ORDER
SMT. BEENAKUMARI. A., MEMBER:
The complainant filed this complaint against the opposite party Vijay Electronics for refund of the excess amount collected by them from the complainant, for repairing a Mixy. The complainant states that for the same kind of repairs and replacement of articles the 'Ibrahim & Company, Chalai has charged only Rs. 66/-. But the opposite party has charged Rs. 425/-. For the redressal of his grievance, the complainant filed this complaint before this Forum.
2. The opposite party Vijay Electronics accepted notice of this complaint but never turned up to contest the case. Hence the opposite party remained ex-parte.
The complainant has filed proof affidavit and he has produced 4 documents, that documents were marked as Exts. P1 to P4.
3. Points to be ascertained are:
Whether there is deficiency in service or unfair trade practice from the side of opposite party?
Whether the complainant is entitled to get the reliefs?
4. Points (i) & (ii): The case of the complainant is that, the opposite party charged an exhorbitant amount from the complainant for repairing his Mixi and charged excess amount for the materials which were repaired. To prove his case the complainant has filed proof affidavit and he has produced 4 documents. That documents were marked as Exts. P1 to P4. The affidavit filed by the complainant stands unchallenged. The document produced as Ext. P1 is the estimate issued by the opposite party dated 11/5. As per this document it could be seen as Rs. 400/- as price of materials and Rs. 75/- as service charge. The amount paid by the complainant is Rs. 425/-. Ext. P2 is the purchase bill of the Mixi. Ext. P3 is the bill issued by Ibrahim & Company for the purchase of MX Carbon Brush. As per this bill the price of carbon brush is Rs.30/-. But as per Ext. P1 bill the opposite party charges Rs. 300/- for the same from the complainant. Ext. P4 is the bill issued by Ibrahim & Company for MX Over Load Switch, as per this bill the price of the material is Rs. 36/-. But the opposite party charged Rs. 100/- for the same as per Ext. P1 bill. From these documents we find that the opposite party has charged an excess amount of (Rs. 400 – 66) Rs. 334/- from the complainant. The complainant in this case is a BPL card holder, as far as he is concerned this amount is a very huge amount. The act of the opposite party in charging this much excess amount from the complainant amount to unfair trade practice and deficiency in service. This type of unfair trade practice is not allowable. Through this act of the opposite party complainant has suffered very much mental agony and financial loss hence the opposite party is liable to compensate to him. The complainant in this case has succeeded to prove his case. Hence the complaint is allowed.
In the result, the opposite party is directed to pay Rs.1,000/- to the complainant towards compensation and costs. Time for compliance one month from the date of receipt of the Order otherwise the amount shall carry 12% annual interest shall carry the amount from the date of Order.
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 Forum, this the 28th day of February, 2011.
BEENA KUMARI. A.,
MEMBER.
G.SIVAPRASAD, PRESIDENT.
S.K. SREELA,. MEMBER.
ad.
C.C.No. 369/2010
APPENDIX
I. Complainant's witness:
PW1 : NIL
II. Complainant's documents:
P1 : Copy of the estimate issued by the opposite party dated 11/5
P2 : Copy of Retail Invoice dated 5/1/2008
P3 : Copy of the bill issued by Ibrahim and Company for the purchase of Mx Carbon Brush
P4 : Original cash bill issued by Ibrahim & Company for Mx Overload switch
III. Opposite party's witness : NIL
Opposite party's documents : NIL
PRESIDENT
