Kerala

Malappuram

CC/77/2021

MUKTHAR AHAMMED - Complainant(s)

Versus

SPAN TECHNOLOGY AND SECURITY SYSTEM - Opp.Party(s)

14 Feb 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL
MALAPPURAM
 
Complaint Case No. CC/77/2021
( Date of Filing : 25 Mar 2021 )
 
1. MUKTHAR AHAMMED
CHERIYAPARAMBIL
...........Complainant(s)
Versus
1. SPAN TECHNOLOGY AND SECURITY SYSTEM
TOWNMASJID BUILDING KUNNUMKULAM THRISSUR
2. SHABEER CHITATHOL
CHITOTHIL HOUSE WARD NO 9 HOUSE NO 425 PERUMBADAPPE PANCHAYATH
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. MOHANDASAN K PRESIDENT
 
PRESENT:
 
Dated : 14 Feb 2022
Final Order / Judgement

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.

  1. 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.
  2. 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.
  3. 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.

 

 
 
[HON'BLE MR. MOHANDASAN K]
PRESIDENT
 

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