Kerala

Wayanad

CC/201/2014

Advocate Sadhik N, S/o Neelikandy Moiduhaji, Aged 45 years , Adlead, P O Puzhamudi, - Complainant(s)

Versus

Ali Akbar, S/o Aboobakkar, Fruit Stall, Near Cheriyapalli, Kalpetta P O, - Opp.Party(s)

31 Dec 2014

ORDER

By. Sri. Chandran Alachery, Member:

The complaint is filed under section12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to pay Rs.144/- being the value accepted by the opposite party from the complainant for purchasing Pomegranate fruit and to pay Rs.5,000/- as compensation for the mental agony and financial loss and cost of the proceedings.

 

2. Brief of the complaint:- The complainant on 08.10.2014 purchased 1kg of Pomegranate and 1 Kg apple and 1/2kg litchi from the shop of opposite party and the complainant paid Rs.474/- towards the price. The market rate of pomegranate was Rs.60 to 80 rupees per kg. The opposite party collected Rs.144/- towards 1 kg of pomegranate from the complainant. When the complainant used the pomegranate, it was completely decayed and useless. When informed the opposite party, the opposite party was not ready to give back the price or replace the fruit. The opposite party collected excess price for the fruit and the fruit is decayed. The act of opposite party is nothing but unfair trade practice, hence filed this complaint.

 

3. On receipt of complaint, notice was issued to opposite party and opposite party accepted the notice on 23.10.2014. But the opposite party did not appear in Forum and the opposite party is set ex-parte.

 

4. On perusal of complaint, the Forum raised the Following points for consideration:-

1. Whether there is any deficiency of service from the part of opposite party?

2. Relief and Cost.

 

5. Point No.1:- The complainant filed proof affidavit and produced documents. The complainant is examined as PW1 and document is marked as Ext.A1. Ext.A1 is the Bill issued by opposite party for the price of fruits. The complainant proved his case by filing affidavit and Ext.A1 document. It is up to the opposite party to deny the contentions of complainant. But opposite party did not appear before this Forum. There is nothing to disbelieve the case of complainant. Hence the Forum found that there is unfair trade practice from the side of opposite party. The point No.1 is found accordingly.

 

6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation. The Point No.2 is decided accordingly.

 

In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.144/- (Rupees One Hundred and Forty Four Only) to the complainant along with Rs.500/- (Rupees Five Hundred Only) as compensation and Rs.500/- (Rupees Five Hundred Only) as cost of the proceedings. The opposite party shall comply the Order within 30 days from the date of receipt of this Order, failing which the opposite party shall pay 12% interest for the whole sum.

 

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31^st day of December 2014.

Date of Filing:13.10.2014.

PRESIDENT :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

 

APPENDIX.

 

Witness for the complainant:

 

PW1. Sadique. N.(Chief Affidavit). Complainant.

 

Witness for the Opposite Parties:

 

Nil.

Exhibits for the complainant:

 

A1. Bill.

 

Exhibits for the opposite Parties.

 

Nil.

 

Sd/-

PRESIDENT, CDRF, WAYANAD.