Kerala

Pathanamthitta

CC/4/2020

P. Jayan Pillai - Complainant(s)

Versus

Biju P. K - Opp.Party(s)

06 Mar 2020

ORDER

Consumer Disputes Redressal Forum
Pathanamthitta
CDRF Lane, Nannuvakkadu
Pathanamthitta Kerala 689645
 
Complaint Case No. CC/4/2020
( Date of Filing : 06 Jan 2020 )
 
1. P. Jayan Pillai
Jaya Vilasom, Pampara PO, Ranni Perunadu, Pathanamthitta 689711
...........Complainant(s)
Versus
1. Biju P. K
Puthen Parambil Veedu. St. Mary's Road, Madathummoozhy, Perunadu PO
Pathanamthitta
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. George Baby PRESIDENT
 HON'BLE MRS. Shajitha Beevi N MEMBER
 HON'BLE MR. Nishad Thankappan MEMBER
 
PRESENT:
 
Dated : 06 Mar 2020
Final Order / Judgement

Sri.NishadThankappan (Member-II) :

 

                                This complaint is filed by the complainant under section 12 of the Consumer Protection Act 1986 for getting the relief from the opposite party.

                   2. The case of the complainant in brief as follows:- The opposite party has received an amount of Rs.2,400/- from the complainant for the purpose of repairing his TV. The opposite party has received the said amount from the complainant near about six months back from the date of institution of this complaint.  After the acceptance of the above mentioned amount the opposite party has neither repaired the TV nor returned the said amount.  The complainant many time contacted the opposite party and requested him to return the said amount.  But all efforts were in vain.  The complainant had lodged a complaint against the opposite party before the CI of Police Perunad.  On intervention of the police, the opposite party had agreed to return the said amount to the complainant and the same is endorsed in police station.  But the opposite party has not complied the said endorsement as such.  Hence the complainant approached this Forum for getting certain reliefs from the opposite party.

3. This Forum entertained the complaint and issued notice to the opposite party for his appearance.  Eventhough the opposite party had accepted the notice from this Forum he has not come forward to context the allegations levelled against him.  The opposite party set ex-parte on 17/02/2020.

4. We peruse the complaint and the record before us and we framed the following issues for consideration:-

  1. Whether the opposite party has committed any deficiency in service?
  2. Regarding the reliefs and cost?

 

5. In order to prove the case of the complainant he had filed the proof affidavit in lieu of chief examination and examined him as PW1.The proof affidavit is in tune with his complaint.Through PW1 Exhibit A1 is marked.Ext. A1 is the certified copy of the register of petitions maintained before the Perunad Police Station.After the closure of the evidence we heard the complainant.

  1.  

                   7. In the result we pass the following order.

          1). The opposite party is directed to return Rs. 2,400/- (Rupees Two

                Thousand Four Hundred only) to the complainant with 10% of interest

from the date of this petition onwards i.e., 06/01/2020.

          2). The opposite party is directed to pay a compensation of Rs. 2,000/-

                (Rupees Two Thousand only) andcost of Rs. 1,000/- (Rupees One

Thousand only) to the complainant with 10% interest from the date of

order onwards)

 

 

          Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 06th day of March, 2020.

                                                                                                            (Sd/-)

Sri.NishadThankappan

(Member-II)

Sri. George Baby (President)            :   (Sd/-)

                                                                                        

Smt. N. ShajithaBeevi (Member-I)   :  (Sd/-)

 

 

 

Appendix:

Witness examined on the side of the complainant:

PW1:P.J. JayanPillai

Exhibits marked on the side of the complainant:

A1:Certified copy of the register of petitions maintained before the Perunad Police

       StationA2: G.D entry prepared by Kilimanoor Police

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties:Nil    

Copy to:-      (1) P. JayanPillai,

          Jaya Vilasom,Mampara P.O, RanniPerunadu,

          Pathanamthitta – 689711

          (2) Biju P.K,

          PuthenParambilVeedu,St. Mary’s Road, Madathummoozhy,

          Perunadu P.O.

                     (3) The Stock File.

 

 
 
[HON'BLE MR. George Baby]
PRESIDENT
 
 
[HON'BLE MRS. Shajitha Beevi N]
MEMBER
 
 
[HON'BLE MR. Nishad Thankappan]
MEMBER
 

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