Consumer Court Fines Trader For Non-Functional Electric Toy Car
Kochi: In a significant ruling, the Ernakulam District Consumer Disputes Redressal Commission has penalised a trader for selling a defective electric toy car, ordering them to either repair the item or refund its cost. The decision, announced on 28 May 2025, also mandates the trader to pay Rs 4,000 in compensation to the affected consumer for mental distress and inadequate service.
The case stems from a complaint lodged by Ajesh Sivan, a resident of Vadavucode, Ernakulam. Sivan purchased a rechargeable electric toy car for his child from Crystal Fashions, located on the third floor of Crystal Mall in Kolenchery, on 2 December 2023. The toy, priced at Rs 2,049, was intended to bring joy to his child but instead became a source of frustration. According to Sivan, despite following the shop owner’s instructions to charge the toy for three hours, it consistently failed to function, shutting off after just five minutes of use. Repeated attempts to use the toy yielded the same disappointing result.
Frustrated, Sivan contacted the shop owner to report the issue, hoping for a resolution. However, he alleged that the response was not only unhelpful but also rude, with the trader reportedly insulting him. Feeling misled and aggrieved, Sivan escalated the matter by filing a complaint with the consumer court, accusing Crystal Fashions of deceptive and unfair trade practices that caused him significant mental agony.
The commission, presided over by D.B. Binu, with members V. Ramachandran and T.N. Sreevidya, thoroughly reviewed the evidence presented by Sivan. This included a proof affidavit, a copy of the purchase receipt dated 2 December 2023, and a bank statement confirming a partial payment of Rs 952, with the remaining amount paid in cash. The receipt, marked as Exhibit A1, detailed the toy’s cost and included taxes, corroborating Sivan’s claims. Notably, Crystal Fashions failed to respond to the court’s notice, served on 9 January 2024, and did not file a defence within the stipulated 30-day period.
Consequently, the commission declared the trader ex-parte on 17 April 2024, interpreting their absence as an admission of the allegations.
The court found clear evidence of deficiency in service and unfair trade practices by Crystal Fashions. The toy’s persistent failure to function, coupled with the trader’s dismissive attitude, constituted a breach of consumer rights. The commission cited a precedent from the National Consumer Disputes Redressal Commission (Order dated 9 October 2017, PP No.579/2017), reinforcing its stance that unchallenged claims, supported by evidence, warrant action against the offending party.
In its final order, the commission directed Crystal Fashions to either repair the toy car to full working condition or refund the purchase price of Rs 2,049 within 45 days. Additionally, the trader was ordered to pay Rs 3,000 as compensation for the mental distress and service deficiencies inflicted on Sivan, along with Rs 1,000 to cover court expenses. Failure to comply within the stipulated timeframe would result in the compensation amount accruing interest at 9% from the date of receipt of the order until payment.
