1.Case of the complainant :-
On 17/10/2019 complainant bought HAVELLS wall fan model No.021E10908851 and some hanging lights and bulbs from opposite parties for an amount of Rs. 8075/-. The cost of the wall fan is Rs.2700/-(Rupees Two thousand seven hundred only) and it had two years guarantee . At the time of purchasing the above item opposite party No.2 assured that the wall fan had two years guarantee and if any damage caused during that period they will give a new fan instead of the damaged one. They provide a guarantee card with dealers stamp and signature.
2. But within 6 six months of its use , it got dyfunct and complainant informed this to second opposite party and as per the direction of 2nd opposite party , complainant entrusted the bill and guarantee paper to the mother of 2nd opposite party on 19/9/2020. Complainant contacted the opposite party No.2 through phone in almost all the days, but opposite party No.2 did not respond. On 25/09/2020 complainant went to the house of 2nd opposite party , but he could not see him in person due to corona issues.
3. On 8/01/2021 complainant had gone to second opposite party shop at Kunnamkulam , but he could not see the opposite party. Complainant came to know that the opposite party No.2 had vacated the shop and left the place. Thereafter on 08/02/2021, complainant again approached 2nd opposite party’s house and the parents of 2nd opposite party had returned the bill and guarantee paper to complainant, not the fan. There is clear deficiency of service from the side of opposite parties. Hence this complaint.
4. Claims of the complainant is that, he is entitled to get Rs. 2700/-(Rupees Two thousand seven hundred only), the cost of the Havells wall fan, and he is entitled to get Rs. 50,000/-(Rupees Fifty thousand only) for the mental agony and hardship suffered by him by the act of opposite parties and Rs.5000/-(Rupees Five thousand only) as cost.
5. On admission of the complaint notice was issued to the opposite parties and notice served them and they did not turn up. Hence opposite parties set exparte.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 & A2. Ext.A1 is the original guarantee card, Ext.A2 is the original tax invoice/cash bill given by opposite parties to complainant on 17/10/2019.
7. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced two documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint.
8. Hence we allow this complaint holding that opposite parties are deficient in service.
- The opposite parties are directed to refund Rs. 2,700/-(Rupees Two thousand and seven hundred only) to complainant as the cost of the wall fan.
- The opposite parties are also directed to pay compensation of Rs.10,000/- (Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs. 2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.