CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present. Sri.Santhosh Kesavanath.P. President Smt.Bindhu M.Thomas Member Sri.K.N.Radhakrishnan Member.
CC.No.249/08 Monday, the day of 2nd, November, 2009.
Petitioner. E.C.Philip Karilamthadathil house Monippally.P.O. Vs. Opposite parties. 1. Field Manager Karachira Coir Manufacturers Alappuzha, Avalakunnu.P.O. Aaryadu, Alappuzha. 2. Shaji.S. Kattuvila Vadakkathil Padinjarepura Kampalady Poruvazhy.P.O. Karunagappally, Kollam. O R D E R Sri.K.N.Radhakrishnan, Member. The case of the complainant is as follows. The 2nd opposite party came to the complainant's residence and agreed to fix rubber matts tohis house. The opposite party received Rs.22,800/- illegally from the complainant. The opposite party had fix the rubber matts to the one bed room and one varantha only. Thereafter the 2ndopposite party has not turn up. The complainant made several enquiries about the opposite parties. But all enquiries were invain. According to the petitioner fixing of the rubber matts were also become defective. The complainant has sustained heavy loss and hardship due to the negligent act of the opposite party. He approached this Forum for refund the amount collected from him and costs and compensation for mental agony. Hence this complaint. The notice were served with the opposite parties. They appeared and filed their version contending as follows. -2- The version of Ist opposite party is as follows. The complainant had mis-leaded by somebody by using the forged bill of the Ist opposite party ie. karachira manufacturers. The Ist opposite party has not appoint anybody as field staff for canvasing the order. The Ist opposite party has remitted the income tax, sales tax properly to the authority without any default. The Ist opposite party has not made any deficiency in service or unfair trade practice on their part. Hence the Ist opposite party may exhonerated from the party array. The version of the 2nd opposite party is as follows. The complaint is not maintainable either in law or on facts. The 2nd opposite party has no role in the alleged complaint. The 2nd opposite party has not issued any receipt to the complainant or anybody. The 2nd opposite party has not received any amount as alleged by the complaint. The alleged bill which was not issued by the 2nd opposite party. The mobile No.9745036139 was mentioned in the bill which was 2nd opposite party. The alleged mobile number was using the complainant with alterion motive against the 2nd opposite party. The 2nd opposite party has not offer any service to the complainant for considertion. Hence the 2nd opposite party may be exhonerated from the party away. The complainant examined as PW1 and the document produced by him is marked as exhibit A1. Heard both sides. The case of the complainant is that the opposite party has not complied with agreed conditions with him. According to him after receiving the amount ie. Rs.22,800/- from the complainant the opposite prty has left the premises and not done the agreed work ie Fixing of rubber matt. Moreover the opposite party has fix the minor portion of the work and that too became defective. From exhibit A1 it can be seen that the opposite party has received 22,800/-. In exhibit A1 it can be seen that the advance of Ist opposite party with sales tax number. The Ist opposite party has not a case that the CST Number in A1 was not the original of Ist opposite party. Both opposite parties are
-3- jointly and severally liable to compensate the complainant. The 2nd opposite party admits that the mobile phone was shown in A1 was his own number. There was clear deficiency in service on the part of the opposite parties. Hence we are of the opinion tht the case of the complainant is to be allowed. The swom Proof Affidavit and Exhibit A1 was not challenged by the opposite party. Hence we are of the opinion that the case of the complainant is to be allowed. In the result the complainant is allowed as follows. (1) We direct the the opposite party to refund Rs.22,800/- to the complainant and pay Rs.2500/- as compensation for inconveniences and pay Rs.1000/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order. Both opposite parties are jointly and severally liable to compensate the complaintant.
Sri.K.N.Radhakrishnan Member Sd/- Sri.Santhosh Kesavanath.P. President Sd/- Smt.Bindhu M.Thomas Member. Sd/-
APPENDIX A1 is the copy of Bill dated 1.9.2008.
By Orders,
Senior Superintendent. Kgr/5 copies.
......................Bindhu M Thomas
......................Santhosh Kesava Nath P | | 
