3.11.08<br /> Smt.K.P.Preethakumari, Member<br /> <br /> <br /> This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite patties to refund Rs.3600/- and cost.<br /> <br /> The complainant’s case is that on 28.2.2006 the complainant had paid Rs.3600/- to 1st opposite party for purchasing Magic paint and he had received a bill on the same day. After one week he approached the opposite party and he was asked to wait till availing of stock. But the complainant contacted the opposite party’s office several time but he had never received neither the paint nor a satisfactory explanation. So the complainant had complained the matter before the Consumer Action Group, Payyannur. But no reply. Later on the complainant came to know that this is the usual practice of opposite parties. Hence this complaint.<br /> <br /> After receiving notice from the Forum 2nd Opposite party appeared and filed version. Later on 2nd opposite party also absent and hence both opposite parties were called absent and set exparte.<br /> <br /> 2nd opposite party filed version stating that he has no office at Kannur and hence no order was placed before him and no money was received by him and hence he has no liability to refund and give compensation to the complainant. Since all the transaction was done with the 1st opposite party the complaint against him is liable to be dismissed.<br /> From the above pleadings the following issues are raised for consideration.<br /> 1.Whether there is any deficiency in service on the part of opposite parties?<br /> 2.Whether the complainant is entitled to get any relief?<br /> 3.Relief and cost.<br /> The evidence in this case consists of the oral testimony of PWs 1 and 2 and Exts.A1 to A3.<br /> Issues 1 to 3<br /> The oral testimony of PW! And PW2 along with Ext.A1 proves that the <br /> Complainant had placed an order for Magic Paint on 28.2.06 by giving an amount of Rs.3600/- to 1st opposite party. The complainant contended that 1st opposite party is the Franchise of 2nd opposite party and the same was proved by Ext.A1. More over 2nd opposite party has no case that 1st opposite party is not their Franchise. So it is clear that 1st opposite party had received the amount for 2nd opposite party further.Ext.A2 is a daily which reported about the cheating of the 2nd opposite party. Even after the repeated requests opposite parties are not ready to give the paint as per the order of the complainant. So from this it is very clear that there is some deficiency of service on the part of opposite parties and hence both are liable to refund the amount of Rs.3600/- to the complainant with compensation of Rs. 1000/- and cost of Rs.250/-.<br /> In the result, the complaint is allowed directing the opposite parties to refund Rs.3600/-(rupees three thousand six hundred only) with compensation of Rs.1000/- (Rupees One thousand only) and cost of Rs.250/- (Rupees Two hundred and fifty only) to the complainant within one month from the date of receipt of this order, failing which the complainant is at liberty to execute the order against the opposite parties under the provisions of the consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/-<br /> <br /> President Member Member<br /> <br /> <br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Cash bill dt.28.2.2006 issued by OP 1<br /> A2. Rashtradeepika daily dt.11.7.2008<br /> A3. Chit issued by OP dt.22.7.08<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for the complainant<br /> PW1. Complainant<br /> PW2.C.Sivadasan<br /> Witness examined for the opposite parties<br /> Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> <br /> Despatched on<br /> Through post/hand<br />