CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present Sri.Santhosh Kesavanath.P. President Smt.Bindhu M.Thomas Member Sri.K.N.Radhakrishnan Member CC.No.118/09 Thursday, the day of 12th, November, 2009.
Petitioner. C.T. Santhosh Kumar Proprietor, Amal Plastic Industry, Kelamangalom Complex, Pannimattom Pallom.P.O. Kottayam. (Adv.V.N.Avaneesh) Vs. Opposite parties. 1. D.S. Palani, Proprietor Hariharan Tools No.37/11, Awai Street (Behind M.N.R.Kalayana Mandapam), Ekkattuthangal Chennai-600 097. 2. A.Saji, Kochuvilla veedu Plappalli P.O. Vilangara Kottarakkara.
O R D E R Sri.K.N.Radhakrishnan, Member.
The case of the complainant is as follows. He intend to start the business for manufacturing fissue screw plug. For that purpose he contacted the Ist opposite party through the 2nd opposite party who is said to be an agent of the Ist opposite party in Kottayam District. Believing the version of the 2nd opposite party the complainant gave Rs.5000/- as advance for 6 different types of iron mould in order to manufacture the screw plug. The total amount was fixed as Rs.27,600/-. The advance amount was paid at the office of the Ist opposite party by the complainant directly in the presence of the 2nd opposite party. On 9/9/08 the complainant received a letter from the Ist opposite party that mould work is over and the complainant has to paythe balance of Rs.6,600/-. The total amount was fixed at Rs.27,600/- for six -2- moulds. On 6/12/07 the complainant received the 6 iron moulds from the 2nd opposite party and paid the balance amount of Rs.6,600/- at the residence of Mr.Surendran at Channanikkadu who is a friend of them and he is a witness to this transaction. The Ist and 2nd opposite party have jointly assured the complaint that the iron moulds are having required specifications and that can be sucessfully installed in the machine. The complainant installed the iron mould to the machine and manufactured sample products in the presence of the 2nd opposite party and surendran. But the product from the mould is defective in nature. The complainant understood that the iron moulds supplied by the Ist opposite party through the 2nd opposite party are defective, without specifications as assured by the opposite parties. The complainant intimated that fact to the Ist and 2nd opposite parties. The 2nd opposite party took the moulds for repairing and went to Chennai. But even after repairing the above problems continues. Several times the moulds were took for repairing but the problems remains the same. At last on 1/7/2008 the mould were send for repair and yet now that was not handed over by the Ist opposite party to the complainant. Even after 6 months the moulds were not referred to the complainant by the Ist opposite party after curing the defects. The opposite parties had clear knowledge that the moulds were defective and not having the prescribed specification at the time of supply. The complainant contacted the Ist and 2nd opposite parties to repair or replace the defective moulds, but they were not willing to do so. There was a deficiency in service and unfair trade practice on the part of the opposite parties. The cause of action of this complaint arose on 15/12/07, when the complainant received the moulds and balance amount is paid at Channanikkadu, Kottayam Taluk which is within the jurisdiction of this Forum. Hence this complaint. The notices were served with the opposite parties. They did not appear either in person or through their counsel even after accepting the notice from this Forum.
-3- Heard complainant. The case of the complainant is that the opposite parties has not cure the defective moulds or return the price of it. The sworn Proof Affidavit and the documents filed by the complainant stands un-challenged by the opposite parties. So, the case of the complainant stands un-challenged by the opposite parties. Hence we have no reasons to dis-believe the case of the complainant. In the result the complaint is allowed as follows. We are of the opinion that the case of the complaint is to be allowed. Both opposite parties are jointly and severally liable to compensate the complaint. We direct the opposite parties to pay Rs.40,000/- with interest @ 9% p.a. from the date of this order till payment and pay Rs.2500/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of copy of this order. Sri.K.N.Radhakrishnan Member Sd/- Sri.Santhosh Kesavanath.P. President Sd/- Smt.Bindhu M.Thomas Member Sd/- APPENDIX A1 is the copy of letter dt.9/9/08. A2 is the copy of Bill dt.7/12/07.
By Orders,
Senior Superintendent. Kgr/5 copies.
......................Bindhu M Thomas
......................Santhosh Kesava Nath P | | 
