IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 14TH DAY OF August 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Sri. M.Praveen Kumar,Bsc, LLB ,Member
CC.No.164/2017
Sathyabhama .J : Complainant
D/o. G. Karunakaran
Aramam, Panayam
Yeroor.P.O
Anchal
Kollam
V/S
Deepu : Opposite party
Approved Latex and Dealer
Karukon P.O
Anchal
Kollam
ORDER
Sri. E.M.MUHAMMED IBRAHIM , B.A, LLM,President
This is a case based on a complaint filed under Section 12 of the Consumer Protection Act.
The averments in the complaint in short are as follows.
The opposite party is an approved Rubber latex dealer functioning at Karukone , Anchal. The complainant is a person growing rubber trees in small scale selling rubber latex to the opposite party. According to the complaint the price paid to her for 3 barrels of rubber latex during the month of May 2017 was only Rs.19,243/- . The above amount is very less than the actual price of the said latex. In order to reduce the price of latex the opposite party alleged that the DRC
(2)
was only 29.05% which is very less. The price paid by the opposite party is less than Rs.5000/- which was actually receivable by the complainant. The complainant has spent Rs.30,000/- for the maintenance of the rubber trees during the month of May itself. Though the complainant demanded the opposite party to pay Rs.5000/- along with interest @ 12% per annum being the balance amount actually due to the complainant on the above deal , he failed to pay the same. According to the complainant as she expressed her intention to sell her rubber latex to another dealer at Yeroor , the opposite party has reduced the percentage of DRC and reduced its price and the above act of the opposite party amounts to deficiency in service and hence the complaint.
Though notice was served on the opposite party he remain absent and chosen not to appear and contest the case. Hence we have decided to proceed with the case. The complainant filed affidavit in lieu of chief examination and got marked Ext.P1 series and Ext.P2 document. As the opposite party failed to appear and cross examine the complaint he was set exparte.
Heard the complainant who herself has been conducting the case. Perused the records.
The complainant filed proof affidavit by reiterating the averments in the complaint. Ext.P1 series is the copy of the diary extracts in 4 pages showing the percentage of DRC of the rubber latex weight, price, rate and value of the rubber latex given to the complainant on different dates by the opposite party. Ext.P2 is
(3)
the purchase statement dated 22/06/2017 issued by the opposite party in the name of the complainant . In view of the unchallenged averments in the affidavit coupled with Ext.P1 series and P2 documents would show that the complainant has been selling rubber latex to the opposite party for the last several years and during the month of May 2017 the complainant has sold 576 Kg of rubber latex in 3 barrels and as DRC was shown only 29.05%, the DRC weight of 3 barrels of latex has been calculated at 167.328 Kg and its price has been shown as Rs.19,243/- only. However during the previous and subsequent months the DRC has been shown as 38.02 during the month of April 2016 and 38.52 during the month of June 2016. But as per Ext.P2 purchase bill the DRC percentage has been shown as 29.05 only and accordingly DRC weight has been shown as 167.32 Kg which is far below the average or standard DRC. According to the complainant the opposite party has deliberately reduced the percentage of DRC to a lower level as she informed her intention to change the sale of the latex to the Yeroor unit . The unchallenged averments in the proof affidavit coupled with Ext.P1 series and P2 documents would establish the case of the complainant . Therefore the complainant is entitled to get the relief sought for in the complaint.
In the result complaint stands allowed in the following terms.
The opposite party is directed to pay Rs.5000/- to the complainant being loss caused to her on account of the unjust reduction of percentage of DRC in rubber latex purchased from her.
(4)
The opposite party is further directed to comply with the above directions failing which the complainant is entitled to realize Rs.5000/- with interest @12% per annum from the date of complaint till realization along with costs Rs.1000/- from the opposite party and his assets .
Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 14th day of August 2018.
E.M .MUHAMMED IBRAHIM:Sd/-
M.PRAVEENKUMAR: Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Documents marked for the complainant
Ext.P1 series :- Copy of the diary extracts in 4 pages.
Ext.P.2:- Purchase statement dated 22/06/2017 issued by the opposite party in the name of the complainant.
E.M.Muhammed Ibrahim:Sd/-
M.Praveen Kumar:-Sd/-
Forwarded/by Order
Senior Superintendent
