By Smt. Beena. M, Member:
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as follows:- The Complainant had purchased an Electronic Scale named TULYA ELECTRONIC SCALE CKN 300 on 20/11/2020 from the Opposite Party. After two months the scale became damaged, then the complainant contacted the opposite party and they directed to contact their office in Wayanad. The complainant contacted several times but no response received from the opposite party or their so called office in Wayanad. The complainant had suffered huge loss and much difficulties. Hence, the complainant requested to direct the Opposite Party to replace the Scale with a new one and to pay Rs. 25,000/- as compensation.
3. After the admission of the complaint, the Commission issued notice to the opposite party. However, the opposite party did not appear and the Commission set them ex-parte.
4. The complainant had adduced oral evidence. He was examined as PW1 and the document produced was marked as Ext. A1. Ext. A1 is the Bill dated 15/12/2020. No doubt, from the receipt of Ext. A1, it is proved that the Complainant purchased the Scale from Opposite Party. We have no reason to disbelieve the complaint of the Complainant. The non appearance of the Opposite Party despite notice shows that he has nothing to say in his defense or against the allegations made by the Complainant. Therefore, the assertions made by the Complainant go unchallenged. The Complaint of the Complainant which has been proved on oath by filing affidavit. In our view, the act of the Opposite Party in supplying a defective Scale to a consumer amounts to Unfair Trade Practice and the complainant sustained difficulties. Hence the complainant deserves to get compensation also. The opposite party is liable to replace the defective Scale and liable to pay compensation.
In the result, the complaint is allowed and
- The Opposite Party is directed to replace the defective Scale with a new one within one month from the date of the receipt of this order.
- The Opposite Party is directed to pay Rs.7,000/- (Rupees seven Thousand only) towards compensation and cost to the complainant within one month from the date of service of this order failing which the complainant is entitled to get interest @ 6% per annum for the above amount from the date of this order till the realization of the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the day of 26th July 2022.
Date of filing: 27.02.2021.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the complainant:
PW1. Ebrahim. P. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Bill. dt:15.12.20.
Exhibits for the Opposite Party:
Nil.
