Tamil Nadu

North Chennai

CC/40/2021

Jazz Enterprise,represented by its Proprietor, - Complainant(s)

Versus

Vetri Home Appliance Rep by its Proprietor - Opp.Party(s)

M/s.Gijeshgopal & Gigipramod

23 Nov 2023

ORDER

 

                                                                     Complaint presented on : 09.10.2023

                                                                Date of disposal            : 23.11.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G. VINOBHA, M.A., B.L.           : PRESIDENT

                                         TMT. KAVITHA KANNAN, M.E.,         : MEMBER-I

                                         THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No.40/2021

 

DATED THIS THURSDAY THE 23^rd    DAY OF NOVEMBER 2023

                                

Jazz Enterprises,

rep by its proprietor

Mr.Ansar

having its office at No.8

Somanathapuram 3^rd Street

Kolathur,

Chennai-600099

                                                                                             …..Complainant

 ..Vs..

1.Vetri Home Appliances

rep by its proprietor

•  

No.7, Arcot Road,

Opp to Honda Car Showroom,

•  
•  

 

2.Vetri Home Appliances

Rep by its Manager

No.181, Purasawalkam High Road, Lumbini Square

•  
•  

 

Counsel for Complainant                   : M/s.Gijes gopal

Counsel for  opposite parties                :M/s.K.Jayachandiran and others (Ex-parte)

 

ORDER

THIRU. G. VINOBHA, M.A., B.L., PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 35 of the Consumer Protection Act, 2019 prays to replace the Mitsubishi 1 Ton, split AC, in vide model no.MS-JP13VF and provide a Split AC for the amount paid by the complainant as promised by the opposite parties or to take back the Mitsubishi 1 Ton, split AC, in vide model no.MS-JP13VF and return back amount paid by the complainant to purchase the above said product totaling Rs.51,800/- (Rupees Fifty One Thousand Eight Hundred Only) with 12% interest and to pay a sum of Rs.5,00,000/- towards damages and compensation for mental agony.

1.THE COMPLAINT IN BRIEF:

          The  Complainant states that the complainant had shown interest in purchasing Air Conditioner for which the model name is Mitsubishi 1 Ton, split AC model no.MS-JP13VF and its worth is Rs.37,500/- believing the 1^st opposite party words and purchased the split AC model with stabilizer 4KVA DB worth Rs.3,220/- totally for Rs.51,800/- including tax. The complainant had made the entire payment by cash on 12.12.2019 for which 1^st opposite party issued on invoice dated 12.12.2019 in vide Invoice No.POR-4869. The complainant had noticed the original bill affixed on the products cover got tampered in the price column when the said product got delivered to the complainant’s address and he did not opened the said box of the split AC after seeing the original bill. On the same day 12.12.2019 checked the rate of AC in online and other showrooms shocked to see the rate of AC is Rs.29,877.50/- the complainant questioned about the cheat by selling the above said split AC for Rs.37,500/- instead of Rs.29,877.50/- and the 1^st opposite party had promised the complainant will replace the split AC and provide with another split AC but the opposite party remained deaf ears for the above said promise, so the complainant further sent a legal notice to the 1^st opposite party on 30.12.2019. A legal notice sent to the 1^st and 2^nd opposite party had not taken any steps to replace or to return the amount of Rs.51,800/- for the product you fraudulently delivered to the complainant till date. Hence the complainant prayed that the Air conditioner replaced with new one or return amount and to pay compensation of mental agony.

2.  POINTS FOR CONSIDERATION:

1. Whether there is deficiency in service or unfair trade practice on the part of opposite party?

2. Whether the complainant is entitled for the reliefs prayed in the complaint. If, so to what extent?

    The Complainant filed proof affidavit Ex.A1 to A3 were marked on the side of complainant.  Opposite party remined Exparte

4. POINT NO :1

According to the complainant Mitsubishi 1 Ton, split AC model no.MS-JP13VF and its worth is Rs.37,500/- believing the 1^st opposite party words and purchased the split AC model with stabilizer 4KVA DB worth Rs.3,220/- totally for Rs.51,800/- including tax. The complainant had made the entire payment by cash on 12.12.2019 for which 1^st opposite party issued on invoice dated 12.12.2019 in vide Invoice No.POR-4869. Further according to the complainant when the product was delivered to his address the complainant noticed the original bill affixed on the product cover got tampered in the price column and therefore he did not opened the box which contain the Split AC and on the same date when the complainant checked the rate in the internet for the above said model in other show rooms he came to know that the set model caused only Rs.29877.50/- and therefore alleged that the 1^st opposite party has committed cheating by selling the AC for Rs.37500 instead of Rs.29877.50/- and when the complainant questioned the same the 1^st  opposite party perused the complainant by promising to replace the split AC with another split AC for the amount paid by the complainant  and requested not give any police complaint but thereafter inspite of several requests and legal notices the opposite party failed to replace the product and therefore the complainant prayed to replace the split AC and provide a with split AC for the amount paid by the complainant or to return back the amount paid by him and also claim compensation.

           The opposite parties were set Exparte for not filing written version. It is found from Ex.A1 that the invoice stands in the name of  Jazz enterprises which is a proprietor concern. There is no document filed by the complainant to prove that he is the proprietor of the jazz enterprises it is further found in Ex.A1 the rate of  1 Ton split AC of the above said model is shown as Rs.37,500/- and by adding the stabilizer charges along with central and state GST a total sum of Rs.51,800/- was paid by the complainant and it is further found that the goods delivered on the same date Ex.A2 is legal notice with acknowledgement and Ex.A3 is another legal notice there was no reply from the opposite parties. Though the complainant alleged that at the time of delivery of product the original bill affixed on the product got tampered in its price column there is no material evidence to prove such tampering of the bill. Similarly there is no documentary proof filed by the complainant to prove that on 12.12.2019 the price of similar model in internet in other show rooms was only Rs.29,877.50/- Hence there is no force in the contention of the complainant that the opposite party cheated the complainant by selling the split AC for a higher price than the market price. There is no proof to show that the 1^st opposite party promised to replace the split AC with another split AC for the amount paid by the complainant. The complainant miserably fail to prove that the opposite parties committed deficiency in service or unfair trade practice upon the complainant as alleged in the complaint. Point

5.POINT.NO.2

Based on findings given to point.no.1 since complainant failed to prove the deficiency in service and unfair trade practice on the part of opposite parties hence the complainant is not entitled for replacement of Mitsubishi 1 ton split AC and to provide a split AC for the amount paid by the complainant and also not entitled for refund of amount paid towards the said product and also not entitled for damages and compensation for mental agony as claimed in the complaint and cost of the complaint. Point no.2 is answered accordingly.

.         In the result the complaint is dismissed. No cost

          Dictated  by the President to the Steno-Typist taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 23^rd  day of  November 2023

 

MEMBER – I               MEMBER-II                          PRESIDENT

 

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT:

Ex.A1	12.12.2019	Invoice No.POR-4869
Ex.A2	30.12.2019	Legal Notice with AD Card
Ex.A3	21.01.2020	Legal Notice with AD card and return cover

 

 

 

MEMBER – I               MEMBER-II                          PRESIDENT

 

CC.NO.110/2019, Dated:06.11.20203   Order Pronounced,                    In the result the complaint is partly allowed, The opposite party is directed to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the complainant towards mental agony and loss sustained by the complainant. Further the opposite party is directed to remove the name of the complainant from the CIBIL records with adverse reference pertaining to the amount of Rs.8802.48/- within two months and also pay a sum of Rs. 5000/-(Rupees Five Thousand only) towards the cost of the complaint. The above amount shall be paid to the complainant within two months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.   Member-I    Member-II        President

 

CC.NO.110/2019, Dated:06.11.20203

Order Pronounced,

                   In the result the complaint is partly allowed, The opposite party is directed to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the complainant towards mental agony and loss sustained by the complainant. Further the opposite party is directed to remove the name of the complainant from the CIBIL records with adverse reference pertaining to the amount of Rs.8802.48/- within two months and also pay a sum of Rs. 5000/-(Rupees Five Thousand only) towards the cost of the complaint. The above amount shall be paid to the complainant within two months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.