Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R., Member

24^th day of February 2023

CC 524/20 filed on 23/12/20

Complainant         :         Karmalamatha Church, Chettupuzha P.O.,

                                      Thrissur – 680 012.

                                      Rep. by its Vicar,

                                      Fr. Boby Sebastian Tharakunnel.

                                      (By Adv. P.K. Antony ,Thrissur&

                                        Adv. Philip N. Joseph, Ernakulam)

Opposite Parties    :   1)  The Proprietor, Pony Electricals,

                                      Poothole Road, Thrissur – 680 004.

                                 2)  ArunVikram, Hindware Customer Care,

                                      M/s HSIL Ltd., 1^st Floor, Heavenly Plaza,

                                      Colony Stop, Civil Lane Road, Padamughal,

                                      Kakkanad P.O., Ernakulam – 682 021.

                                      (Ex-parte)

O R D E R

By Sri. C.T. Sabu, President :

          Facts of the Case as follows:

          The complainant bought a wash basin from the 1^st opposite party with Invoice No.PD 7205 of Hindware Delta WH on 30/07/19. At the time of purchase the 1^st opposite party made believe that it is of good quality and the 2^nd opposite party will do the repairing, replacement if necessary. The said wash basin was properly fixed through an experienced plumber in the premises of the complainant. But on 30^th March 2020, the complainant found hairline cracks on the wash basin in many places. Upon finding the damages the complainant informed the 1^st opposite party about the condition and damage of the wash basin. Then one employee from the 2^nd opposite party inspected the wash basin. Instead of finding the factual issue the employee of the 2^nd opposite party falsely accused the plumber and complainant for causing such damage. The damage was not caused by any exertion of force on it from outside or by falling any hard stuff on the wash basin. There was no negligence from the part of the complainant. The damage was caused due to the manufacturing defect only. The opposite parties evaded from replacing the wash basin blaming the complainant. Therefore the complainant caused legal notice on 17/08/20 to the opposite parties for the cost of wash basin and fixation charges. The opposite parties did not reply nor replaced the wash basin. Hence this complaint.

          2) On receiving complaint notice was issued to all the opposite parties whereas the opposite parties neither appeared before the Commission nor submitted any version. Hence proceedings against the opposite parties were set ex-parte and the case is posted for complainant’s evidence.

          3) When the case came for evidence the complainant filed proof affidavit in which he affirmed and explained all the averments in tune with the complaint. From the side of the complainant he has produced 3 documents which are marked as Exts. A1 to A3.Ext. A1 is the copy of Invoice No. PD 7205 dtd.30/07/19 issued by Pony Electricals for Rs.5,094/-. Ext. A2 is  the copy of Lawyer Notice dtd. 17/08/2020 issued by the complainant. Ext. A3(2 Nos.) are the Postal A/D cards.

          4) We heard the learned counsel for the complainant in detail. We have gone through the contents of affidavit and perused the documents produced. Since there is no contra evidence available before us we are inclined to accept the proof affidavit filed by the complainant. 

          5) The Opposite Parties had not cared either to enter an appearance or to file the written version before the commission even after receiving the Commission's notice. The Opposite Parties’ conscious failure to submit their written version amounts to an admission of allegations levelled against them by the complainant. The Honourable National Commission expressed the same view in its order dated 09.10.2017 in RP 579/2017 [2017 (4) CPR 590]. Since there is no contra evidence we are inclined to allow this complaint.

          Considering the points discussed here in above, we are of the opinion that the opposite parties have committed deficiency in service as well as unfair trade practice towards the complainant.

          In the result, the complaint is allowed and the opposite parties are directed to replace the washbasin of the same brand having the same value to the satisfaction of the complainant or pay the cost of Rs.5,094/- (Rupees Five thousand and ninety four only). Also directed to pay Rs.10,000/- (Rupees Ten thousand only) as cost and compensation for this complaint. The order shall be complied within one month from the date of receiving copy of this order. If failed the complainant is entitled for 12% interest p.a. for the entire amount from the date of complaint till realisation.

          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/-

SreejaS.                                    Ram Mohan R                         C. T. Sabu

Member                                   Member                                    President

Appendix

Complainant’s Exhibits :

Ext. A1 copy of Invoice No. PD 7205 dtd.30/07/19 issued by Pony Electricals

              for Rs.5,094/-.

Ext. A2 copy of Lawyer Notice dtd. 17/08/2020 issued by the complainant.

Ext. A3(2 Nos.) Postal A/D cards.

                                                                                                    Id/-                                                                                                                    President