Kerala

Thiruvananthapuram

CC/186/2021

Nanda kumar K T K - Complainant(s)

Versus

Amma Boat Yard & fiber work - Opp.Party(s)

11 Jan 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

     SRI.P.V.JAYARAJAN   : PRESIDENT

    SMT.PREETHA G NAIR   : MEMBER

                                                                                SRI.VIJU.V.R                 : MEMBER

 

CC.NO.186/2021 (Filed on : 03.05.2021)

ORDER DATED : 11.01.2022

COMPLAINANT

        Nandakumar.K.T.K

        S/o.Ramadasan,

        Fisherman, Kottante Thazhe Kuniyil.P.O

        Kannookkara Via, Madappally,

        Vadakara Taluk,

        Kozhikkode – 673 102

 

        (By Adv.Raveendran.V.K)

 

                                            VS

OPPOSITE PARTY

           M/s.Amma Boat Yard and Fiber Work,

           Anchuthengu.P.O – 695 309

           Varkala Taluk, Thiruvananthapuram District

           Rep.by its Proprietor Antony,

 

                          (Exparte)    

ORDER

SRI.P.V.JAYARAJAN        : PRESIDENT

                        This complaint filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

           1. The case of the complainant in short is that he is a fisherman by profession and purchase of a boat was his life ambition and hence he approached the opposite party for purchasing a fibre glass boat for eking out his livelihood. The complainant has purchased a fibre glass boat from the opposite party on 30.09.2019 by paying Rs.94,500/- (Rupees ninety four thousand five hundred only) as consideration. The opposite party promised that his boat can be used for a period of 20 years without any defects. It is also promised by the opposite party that if any defect occurs to the boat, the same will be rectified by the opposite party free of cost during that period. According to the personal knowledge of the complainant, the life of fibre glass boat is for a period of 15 years. After purchase of the boat, the complainant was very carefully using the same for his livelihood. His son was also used to accompany him to the sea in the said boat for fishing. After one month from the date of purchase, the complainant noticed some bubbles on the bottom of the boat and the same was informed to the opposite party. The opposite party promised to send a technical expert for rectifying the defect, but no expert came to inspect the boat of the complainant as promised. The complainant regularly and frequently contacted the opposite party through phone and requested to repair the boat. At last, after about one month the opposite party made arrangements to repair the boat. Because of this delay boat was to be kept idle for a period of one month to cure the defect. For repairing the boat, the opposite party has collected Rs.1000/- (Rupees one thousand only), from the complainant which is against the promise made by the opposite party at the time of purchase of the boat. Again after six months same problem repeated. The complainant’s grievance is that he was not able to use the boat initially from middle of November 2019 to the end of May 2020 and again continuously from October 2020 onwards and the damaged boat is now kept on the shore without any use. According to the complainant he has incurred a total amount more than Rs.20,000/- (Rupees twenty thousand only) for the repairs carried out to the boat, in addition to the cost of purchase ie Rs.94,500/- (Rupees ninety four thousand five hundred only). Though the opposite party promised to pay the repair charges met by the complainant, the opposite party failed to reimburse the repair charges of Rs.11,000/- (Rupees eleven thousand only) spend by the complainant. Alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this Commission for redressing his grievances. After admitting the complaint notice was issued to the opposite party and the same was served to the opposite party on 16.07.2021. Though the opposite party accepted the notice, failed to appear before this Commission on the date fixed for the appearance of the opposite party. Subsequently the case was posted for the appearance of the opposite party for four occasions and as the opposite party not appeared, this Commission declared the opposite party as exparte.

     2.                The evidence in this case consists of PW1, Exts.A1 to A6 on the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence on the side of the opposite party.

Points to be considered

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite parties ?
2. Whether the complainant is entitled to get the relief claimed in the complaint?
3. Order as to cost?

3.     Heard. Perused records. To establish the case of the complainant the complainant himself sworn an affidavit as PW1 and Exts.A1 to A6 are produced and marked. Ext.A1 is the cash bill dated 30.09.2019. Ext.A2 is the bill for Rs.5000/-. Ext.A3 is the photograph of damaged boat. Ext.A4 is the bill for Rs.6000/-. Ext.A5 is the photographs of damaged boat. Ext.A6 is the photograph of the damaged boat kept on the shore. The opposite party has not adduced any oral or documentary evidence to disprove the claim made by the complainant. The evidence adduced by the complainant stands unchallenged in the absence of any contra evidence from the side of the opposite party. As there is no contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant. By swearing an affidavit as PW1 and by producing and marking Exts.A1 to A6, we find that the complainant has succeeded in establishing his case put forward against the opposite party. In view of the above discussions, we find that this is a fit case to be allowed.

                In the result, the complaint is partly allowed. The opposite party is directed to pay a sum of Rs.80,000/- (Rupees eighty thousand only) to the complainant along with Rs.25,000/-(Rupees twenty five thousand only) as compensation and Rs.2500/- (Rupees two thousand five hundred only) being the cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance / realisation. On compliance of this order, the opposite party is allowed to take back the damaged boat from the complainant.

                  A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

    Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 11^th day of January 2022.

                                                                     

                                                                          Sd/-

P.V.JAYARAJAN    : PRESIDENT

 

                                                                    Sd/-

        PREETHA G NAIR      : MEMBER

 

                                                                     Sd/-

                          VIJU.V.R                : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

 

 

 

APPENDIX

CC.NO.186/2021

Witness for the Complainant

PW1         - Nandakumar.K.T.K

Exhibits of the Complainant

Ext.P1      Cash bill dated 30.09.2019 for Rs.94,500/-

Ext.P2      Bill dated 25.05.2020 for Rs.5,000/-

Ext.P3      Photograph of damaged boat

Ext.P4      Bill dated 12.08.2020 for Rs.6000/-

Ext.P5      Photographs of damaged boat

Ext.P6      Photograph of the damaged boat kept on the shore

Witness for the Opposite Party - NIL

Exhibits of the Opposite Parties- NIL

Court Exhibits         NIL  

                

                                                                                Sd/-

                                                                             PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

 REDRESSAL COMMISSION

VAZHUTHACADU

THIRUVANANTHAPURAM

 

 

 

CC.NO.186/2021

ORDER DATED : 11.01.2022