O R D E R
Smt. Sheela Jacob (Member – II):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum u/s.12 of the Consumer Protection Act.
2. The complainant’s case is that he had purchased the 20 Kg. Clay of Rs.300/- (at the rate of Rs.15/- per kg.) 2 kg. mortor of Rs.60/- (at the rate of Rs.30/- per kg.) ½ kg. copper sulphate of Rs.92.50/- from the opposite party on 28.01.2015 vide bill No.45701 for the consideration of Rs.452.50/-. The complainant purchased 4 packets of clay from the opposite party. Each packets contains 5 kg. of clay. In any packet there is no label regarding the MRP, quantity, manufacturing date, etc. On the examination, the complainant found the clay in 4 packets contains only 18 kg. instead of 20 kg. he purchased. He purchased 500 gm. Copper sulphate but it contains only 400 gms. Thus the complainant had a loss.
3. On 04.02.2015, the complainant purchased one more packet of clay (5 kg.) from the opposite party vide bill No.45717. In that packet also there is no MRP, quantity, manufacturing price, etc. The complainant also points out that the price of clay in the market is only Rs.12/- per kg. In short, according to the complainant the quantity, quality are lesser and the price is high. In market, the price of the clay is lesser than the society depot. The above said act of the opposite party is a clear deficiency in service, which caused financial loss and mental agony to the complainant. Hence this complaint for the realization of the loss in the transaction along with compensation and for an order for appropriate legal action against the opposite party for their unfair trade practice.
4. In this case, opposite party is exparte.
5. On the basis of the pleading of the party, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this complaint consists of the oral deposition of PW1 and Ext.A1 and A2. After closure of evidence, complainant was heard.
7. The Point:- The complainant’s case is that he had purchased 20 kg. of clay, 2 kg. of mortor and ½ kg. of copper sulphate from the opposite party. But the clay was not up to the quality and the weight of the clay and copper sulphate were less than the actual quality written in Ext.A1 bill. The complainant intimated about the shortage to the opposite party but they have not taken any positive action for redressing the complainant’s grievances. The selling of the products with lesser weight contrary to the weights shown on the bill is an unfair trade practice. Because of the said unfair trade practice of the opposite party and because of their attitude to the complainant, he sustained financial loss and mental agony. So opposite party is liable to the complainant for the same. Therefore, the complainant prays for allowing this complaint.
8. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and 2 documents produced are marked as Exts.A1 and A2. Ext.A1 is the bill No.45701 dated 28.01.2015 issued by the opposite party in the name of the complainant for Rs.452.50/- in respect of the clay, mortor, copper sulphate. Ext.A2 is the bill No.45717 dated 05.02.2015 issued by the opposite party in the name of the complainant for Rs.75/- in respect of the china clay.
9. On the available materials on record, it is seen that the complainant had purchased 4 packets clay, (each packet contains 5 kg. of clay) mortor and copper sulphate for Rs. 452.50/- on 28.01.2015 from the opposite party vide Ext.A1. The complainant’s case is that the said packets when weighted he found shortage of 2 kg. of clay as against the quantity to be contained as per bill i.e. Ext.A1. According to the complainant, it is an unfair trade practice of the opposite party. The complainant purchased 4 packets of clay from the opposite party, each packets contains 5 kg. of clay. In any packet there was no label regarding the MRP, quantity, manufacturing date etc. On going through the evidence, we noticed that the Ext.A1 bill was corrected. The quantity and price of the product were corrected.
10. In this case, the opposite party is exparte. When coming to the merit of the case, there is no evidence to prove the quantity and quality of the products. The complainant’s allegation of shortage of weight in the clay selling of packed products with lesser quantity than the prescribed weight and collecting the price for the prescribed quantity by supplying lesser quantity is an unfair trade practice. Therefore, this Forum found that the opposite party has committed an unfair trade practice and hence this complaint is allowable against the opposite party.
11. In the result, the complaint is allowed as follows:
- The opposite party is directed to ensure the quantity printed in the label and quantity inside the packet must be same hereafter.
- All the packet must duly labeled any shall be visible to the customers.
- The opposite party is directed to pay a compensation of Rs.2,000/- (Rupees Two Thousand only) and cost of Rs.1,000/- (Rupees One Thousand only) to the complainant with an interest of 10% from the date of order to till the realization.
Declared in the Open Forum on this the 28th day of February, 2015.
(Sd/-)
Sheela Jacob,
(Member - I)
Sri. Satheesh Chandran Nair (President) : (Sd/-)
Smt. K.P. Padmasree (Member – I) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Appoos Vallikkala
Exhibits marked on the side of the complainant:
A1 : Bill No.45701 dated 28.01.2015 for Rs.452.50 issued by the
opposite party in the name of the complainant.
A2 : Bill No.45717 dated 05.02.2015 for Rs.75/- issued by the opposite
party in the name of the complainant.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to :- (1) Appoos Vallikkala, (All Kerala Human Protection-
Army State President), 1st Floor, Panmparampil Buildings,
Opp. Perumpuzha Bus Stand, Ranni, Pathanamthitta – 689 672.
(2) The Secretary, Cherukole Service Co-op: Bank Ltd.,
Cherukol.P.O., Vazhakkunnam (Via), Kozhencherry.
(3) The stock file.
