By. Smt. Renimol Mathew, Member:-

The complaint is filed Under Section 12 of the Consumer Protection Act of 1986 for an Order to get back the advance amount of Rs.35,000/- paid to the opposite parties by the complainant to buy Hydralic Operated Concrete Block Machine and to get compensation and cost of the proceedings.

2. Brief of the complaint:- The complainant is running a cement hollow bricks manufacturing unit for his livelyhood. While so the 2^nd opposite party approached the complainant at Old Vythiri and made to believe that 2^nd opposite party is manufacturing the machines necessary for cement hollow bricks units and 1^st opposite party institution is owned by him. By believing the words of 2^nd opposite party the complainant booked a Hydralic Operated Concrete Block Machine which is item No.DR128 in the brochure given by the 2^nd opposite party. Towards the total value of Rs.1,50,000/- the complainant paid Rs.35,000/- in three installments. Then the 2^nd opposite party assured to deliver the above said machine and the balance amount shall be payable at the time of delivery on or before February last 2011. Even though the complainant was waiting to get the machine, opposite party not supplied the machine within the time or thereafter. When contacted through telephone the 2^nd opposite party said lame excuses. Thus the complainant enquired about the manufacturing company of 2^nd opposite party and learned that the 2^nd opposite party never be a manufacturer of the machines stated in the brochure and he has cheated so many persons by collecting huge amount for the supply of machines necessary for cement hollow bricks manufacture. Since the opposite party failed to supply the machine the complainant has suffered huge loss and damage in addition to the advance payment made by him. Thus opposite parties are legally liable to pay compensation to

the complainant. The complainant alleges that the act of the opposite parties is deficiency of service and hence the complainant filed this complaint to get relief.

3. Notices send to opposite parties. 1^st opposite party's Notice returned stating that “addressee left” and the complainant produced paper publication. Hence the 1^st opposite party is set Ex-parte on 26.12.2013. The 2^nd opposite party filed Vakalath but not filed version hence he also set Ex-parte on 19.04.2012 and proceeded with the case.

4. On considering the complaint, proof affidavit and documents produced before us the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service on the part of the opposite parties?

2. Relief and Cost.

5. Point No.1:- The complainant filed affidavit and examined as PW1. Exts.A1 to A3 documents were marked. Ext.A1 is the brochure of Dranto Machinery Suppliers Private Limited. Ext.A2 is the Receipt issued towards the receipt of money from Dranto Machinery Suppliers Private Limited dated 30.11.2011. Ext.A3 is the Acknowledgment Receipt from Vythiri Police Station dated 05.01.2012. On perusal of Ext.A2 we finds that opposite party received Rs.35,000/- and also complainant submitted that the machine was ordered on 30.11.2011 and thereafter till the date of complaint opposite parties not supplied the booked machine. Since the opposite parties failed to supply the machine the complainant has suffered huge loss and damage in addition to the advance payment made by him. So we finds that the act of the opposite parties are deficiency of service and it further amounts to unscrupulous exploitation of a consumer and unfair trade practice and it caused great inconvenience and hardships to the complainant. Therefore the opposite parties are legally liable to pay compensation towards loss and damages caused to the complainant. The Point No.1 is found accordingly.

6. Point No.2:- Since the Point No.1 is found against the opposite party the complainant is entitled to get back the advance amount he had already given to the opposite party with cost and compensation.

In the result the complaint is partly allowed and the opposite parties are directed to return Rs.35,000/- (Rupees Thirty Five Thousand) only with 12% interest from the date of receipt of the amount till full payment. The opposite party is also directed to pay Rs.10,000/- (Rupees Ten Thousand) only towards cost and compensation to the complainant. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29^th day of April 2014.

Date of Filing:02.03.2012.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1(Affidavit). Robin Perera.

Witness for the Opposite Parties:

Nil.

Exhibits for the complainant:

A1. Brochure.

A2. Receipt. Dt:30.11.2011.

A3. Acknowledgment Receipt from Police Station. Dt:05.01.2012.

Exhibits for the opposite Parties:

Nil.

 Sd/-

PRESIDENT, CDRF, WAYANAD.