By Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the complaint:- The Complainant is the owner of Chevrolet Spark car, 2008 model, and the Chevrolet Company stopped their manufacturing activity in India. Due to scarcity of genuine parts, the users of Chevrolet cars usually rely on online sellers for the parts. In August 2023, the Complainant’s car experienced some problems and when inquired with the workshop, they asked to replace the throttle body since it was unavailable in the market. Upon searching the internet, the Complainant found the required product from the Opposite Party’s shop. The Opposite Party promised that the parts have good quality and is long lasting, and if any complaints arise regarding the equipment, they would replace it. Believing the words of the Opposite Party, the Complainant paid Rs.3,800/- to the Opposite Party online and upon receiving the equipment from the courier service, paid 250 rupees as courier charges. The Complainant fitted the equipment into his car by taking it to the workshop, but it was found that the equipment was not working. Immediately, the Complainant informed the same to the Opposite Party and they asked the Complainant to return the product through the courier. The Complainant had to pay Rs.70/- for returning the product. Contrary to the promise, the Opposite Party neither repaid the amount nor provided the equipment. The Complainant contacted the Opposite Party several times, but the Opposite Party turned a deaf ear to the calls of the Complainant. The actions of the Opposite Party are unfair and due to unfair trade practices and negligence on the part of the Opposite Party, the Complainant suffered loss and damage and the Opposite Party is liable to compensate the Complainant. Hence, this complaint.
3. Notice was issued to the Opposite Party, it was returned stating that ‘’Intimated Properly’’. Hence notice was deemed to be served. The Opposite Party was called absent and was set ex- parte.
4. The Complainant filed proof affidavit and Ext. A1 to A3 were marked. Ext.A1, Google Pay receipt, proved that the Complainant had paid Rs.3,300/- and Rs.500/- on 14.08.2023 to the Opposite Party. Perusal of Ext.A2 receipt issued by the DTDC, revealed that the Complainant had paid Rs.250/- as courier charge and Ext.A3, receipt issued by the DTDC showed that the Complainant had paid Rs.70/- as courier charge. The notice sent to the Opposite Party was returned with statement properly intimated which shows that the Opposite Party has the knowledge of complaint and till now the Opposite Party did not choose to contest the matter. In these circumstances, we have no chance to disbelieve the allegations of the Complainant. As the Opposite Party remained ex -parte, the evidence adduced by the Complainant stands unchallenged. Moreover, even after filing the complaint also the Opposite Party has not chosen to refund the cost of the product and further they remained absent which shows their negligent attitude towards consumers. In our considered view, the Complainant is entitled to get the cost of the product, which the Opposite Party had retained for no reasons and their inaction caused harassment to the Complainant.
In the result, the complaint is partly allowed. The Opposite Party is directed to pay Rs.3,800/- (Rupees Three Thousand Eight Hundred Only) as the cost of the product, Rs.320/- (Rupees Three Hundred and Twenty Only) as courier charge, Rs.3,000/-(Rupees Three Thousand Only) as compensation and Rs.2,000 (Rupees Two Thousand Only) as cost of the proceedings.
The above order shall comply within a period of 30 days from the date of receipt of a copy of this order. Failing which the awarded amount will carry 8% interest p.a. from the date of order till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 7th day of March 2024.
Date of Filing:-18.09.2023
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Benny. P. P. P.T.S.
Witness for the Opposite Party:-
Nil
Exhibits for the Complainant:-
A1. Copy of Gpay print out.
A2. Receipt. Dt:14.07.2023.
A3. Receipt. Dt:21.08.2023.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
