Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R, Member

24^th day of February 2023

CC 425/20 filed on 21/10/2020

Complainant:        Sindhu Asokkumar, Amma’s Food Products,

                             Kolazhy Panchayath, Parambai, Poomala.P.O,

                             Thrissur.

                             (By Adv.A.D.Benny, Thrissur)

Opposite Party:     Proprietor, Techno Consultancy Services,

                             Vellanchira.P.O, Aloor, Thrissur- 680 697.

                             (Ex-parte)

O R D E R

By Smt. Sreeja S. Member:

          Complainant purchased an electric roaster cum blunder from the opposite party on 08/08/19 for Rs.95200/-. The roaster is used for raising her livelihood and believing the quality assured by the opposite party. Immediately after installation the machine turned defective and a complaint raised before the opposite party and their technician replaced the coil and oil of the machine in the month of May 2020. After that the machine frequently stopped due to tripping. This defect also attended by technician but failed to restore its original state. Since low quality product was sold to the complainant and deficient after sale service was accorded, the complainant caused a lawyer notice dated 09/09/2020 which yielded no result. Hence this complaint.

          2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.

          3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced three documents which are marked as Exts. A1 to A3.  Ext.A1 is the invoice from opposite party dated 08/08/19; Ext.A2 is the copy of lawyer notice dated 09/09/20 with postal receipt and Ext.A3 is the acknowledgement card. The report of the Expert Commissioner is marked as Ext.C1.

          4) We have gone through the pleadings and documents produced by the complainant. Ext.A1 proves the purchase of electric roaster from opposite party. Ext.C1 report categorically states that coil and oil of the machine is defective. Since there is no contra evidence available before us we are inclined to allow this complaint.

          In the result complaint allowed and hereby direct the opposite party to pay Rs.95,200/- (Rupees Ninety five thousand two hundred only) with interest of 12% from the date of complaint(ie.21/10/2020) and also directed to pay compensation of Rs.15,000/- (Rupees Fifteen thousand only) and Rs.5,000/- (Rupees Five thousand only) as cost to the complainant, within one month from the date of receipt of copy of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 24^th day of February 2023.

   Sd/-                                                 Sd/-                                               Sd/-

Sreeja S                                    Ram Mohan R                                   C.T. Sabu

Member                                   Member                                             President
 

Appendix

Complainant’s Exhibits :

Ext. A1 invoice from opposite party dated 08/08/19.

Ext. A2 copy of lawyer notice dated 09 /09/20 with postal receipt.

Ext. A3 acknowledgement card.       

Ext.C1: Expert Commissioner’s Report      

Id/-

Member