DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 24^th day of October 2023

CC.416/2023

Complainant

K. M. Prema,

E-5-217 Housing Board Colony,

Medical College Hospital. P. O,

Calicut - 673018

Opposite parties

1.               The Proprietor,

101/57, 101/61, 101/65, 101/56, 101/74,

MY G Gala

Kozhikode – Pottammal,

Kozhikode - 673017

2.               M/s MY G,

Nellikode, Pottammal,

Kozhikode - 673017

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

Seeing an advertisement of the opposite parties in the newspaper that refrigerator worth Rs. 13,990/- would be sold for Rs. 5,999/-, the complainant approached the opposite parties and selected the refrigerator and paid Rs. 5,999/- on 27/08/2022. The refrigerator was not supplied on that date and it was assured that the same would be supplied at home. On 2/09/2023 the refrigerator was delivered at home, but on opening, there was foul smell emanating from the refrigerator. The refrigerator supplied was DC CANDY and not the one ordered by her. There was unfair trade practice and deficiency of service on the part of the opposite parties. Hence the complaint.

3. The notice issued from this Commission on 3/10/2023 was duly served on the opposite parties. But the opposite parties failed to respond to the notice and hence set ex-parte.
4. The points that arise for determination in this complaint are;

               (1). Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties, as alleged?

               (2). Reliefs and costs.

5. The complainant was examined as PW1 and Exts A1, A2, A3 series and A4 were marked.  
6. Heard.
7. Point No.1:-  The complainant is alleging unfair trade practice and deficiency of service on the part of the opposite parties. The allegation is that the refrigerator supplied to her was not the one selected and ordered by her, pursuant to the advertisement made by the opposite parties.
8.  PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the paper cutting containing the advertisement, Ext A2 is the copy of the invoice dated 27/08/2023, Ext A3 series are the copies of the photo of the carton box of the candy refrigerator and Ext A4 is the copy of the photo of the refrigerator.
9. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1, A2, A3 series and A4. Unfair trade practice and deficiency of service on the part of the opposite parties stands proved. The complainant is entitled to get refund of the price of the refrigerator. Undoubtedly, the act of the opposite parties has resulted in gross mental agony and inconvenience to the complainant, for which, she is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5000/- will be reasonable compensation in this case. 
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.416/2023 is allowed in part.

b) The opposite parties are hereby directed to refund the purchase price of Rs. 5,999/- (Rupees five thousand nine hundred and ninety nine only) to the complainant, after taking back the refrigerator sold to her as per Ext A2.  

c) The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees Five Thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.

e) The payment as afore stated shall be made within 30 days of the receipt of the copy of this order, failing which, the amount of Rs. 5,999/- shall carry an interest of  6%  per annum from the date of this order till actual payment.

 f)  No order as to costs.  

Pronounced in open Commission on this, the 24^th day of  November, 2023.

Date of Filing: 11/09/2023

                                      Sd/-                                                        Sd/-                                              Sd/-

                             PRESIDENT                                            MEMBER                                   MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Paper cutting containing the advertisement.

Ext.A2 – Copy of the invoice dated 27/08/2023.

Ext.A3 Series – Copies of the photo of the carton box of the candy refrigerator.

Ext.A4 – Copy of the photo of the refrigerator.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 – K. M. Prema,(Complainant)

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                              PRESIDENT                                               MEMBER                                            MEMBER

True Copy,

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