By. Sri. Chandran Alachery, Member:
The complaint is filed Under Section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to take back the cow which is sold to the complainant and to give back Rs.80,000/- to the complainant as loss sustained to the complainant and to pay Rs.25,000/- as maintenance cost, loan interest and cattle feed.
2. The complainant's case in brief as follows:- The complainant purchased a cow from the opposite party by raising bank loan for a sum of Rs.49,500/- on 05.11.2013. The two witness in the transactions are one Mr. Asokan Vellithodu and another Mr. Eppan Kaithamattam. At the time of purchase, the opposite party assured the complainant that the cow is pregnant for 7 months. The total period for delivery is 9 months and 9 days. But as per assurance, the cow never delivered even after 10 months as on 15.02.2014. The veterinary Doctor told the complainant that another 30 days is required for delivery. The complainant had spent Rs.25,000/- for cattle feed, loan interest and maintenance expenses. Aggrieved by this the complaint is filed for redressal of his grievances.
3. On receipt of complaint, Notice was issued to opposite party and the notice is served to the opposite party on 04.03.2014. Even after receiving the Notice, the opposite party did not appeared before this Forum. Hence the opposite party is set ex-parte on 22.04.2014.
4. The complainant is examined as PW1 on 05.05.2014 and marked Ext.A1. Ext.A1 is the copy of Pass book of Corporation Bank issued to the complainant. Copy is verified with original pass book. On going through the complaint, affidavit and document the Forum raised the following points for consideration.
1. Whether there is any deficiency of service on the part of the opposite party?.
2. Relief and Cost.
5. Point No.1:- In addition to complaint, the complainant produced proof affidavit and examined as PW1. Ext.A1 is the copy of Pass book. The opposite party is set ex-parte. The opposite party did not appear before the Forum even after serving Notice from the Forum to appear. The non appearance of the opposite party leads to an inference that the opposite party is hiding something. There is nothing to disbelieve the case of the complainant. It is up to the opposite party to contest the case and disprove the contentions of complainant. Ext.A1 shows that the opposite party availed loan from the Bank for the purchase of cow. More over the complainant produced one eye witness and examined him as PW2. PW2 deposed before the Forum that he was a witness to the transaction and he accompanied the complainant for the purchase of cow. The cow was purchased for Rs.49,500/- on 05.11.2013. The opposite party is assured that the cow is pregnant for 7 months as on 05.11.2013. The total period of pregnancy for delivery is 9 months and 10 days. So normally the delivery month will be 05.01.2014. But the cow delivered in the month of April. So there is delay of 2 months. So the Forum analyzed that at least Rs.100/- is required for the maintenance of the cow per day. The Forum analyzed the complaint, evidence and found that the complainant had proved his case. There is no situation arised to take back the cow by opposite party. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favor of complainant, the complainant is entitled to get cost and compensation.
In the result the complaint is partly allowed and the opposite party is directed to pay Rs.100/- (Rupees One Hundred) only each per day for the delayed period of two months ie 100x60 days=Rs.6,000/- (Rupees Six Thousand) only from the opposite party. The complainant is entitled to get Rs.1,000/- (Rupees One Thousand) only towards cost of the proceedings. There the opposite party is directed to pay Rs.7,000/- (Rupees Seven Thousand) only in toto to the complainant within 30 days of the receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of May 2014.
Date of Filing:15.02.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1(Affidavit). Saji. T. G.
PW2. Asokan. Agriculturist.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Bank Pass Book.
Exhibits for the opposite Partiy:
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
