By Smt. C.S. Sulekha Beevi, President,
1. Complainant who is the Proprietor of Euro Five star Agencies is running the establishment for his livelihood. In the month of July, 2008 a person named Firoz Bhaie approached complainant at Pattambi and made the complainant believe that he is the representative of first opposite party. He informed the complainant that first opposite party was manufacturing Envelor Punching Machine and explained the qualities of the machine along with photograph and brochure of the Company, which were also handed over to complainant together with a visiting card. He also stated that second opposite party is the agent of first opposite party and that complainant could purchase the machine through second opposite party. Complainant contacted second opposite party and through second opposite party booked a new Envelor Punching Machine on 01-8-2008. on the same date first opposite party had issued a quotation for Rs.1,38,000/- through second opposite party and complainant was informed that the machine will be delivered on 14-8-2008. Complainant send Rs.1,38,000/- through the account of second opposite party which was acknowledged by first opposite party by issuing a bill for Rs.1,30,000/- even though the amount paid by complainant was Rs.1,38,000/-. First opposite party assured to send the machine on 14-8-2008. But instead of sending a new machine, first opposite party send a very old, rusted and patch worked machine to the Nilambur Branch office of K.T.C. Parcel service. The machine was send without proper packing and in an exposed manner as such complainant was able to verify and understand the nature of the machine. Hence complainant returned the machine on 03-9-2008 by paying freight charges of Rs.8,750/-. On 08-9-2008 complainant issued a registered letter to first opposite party stating about the defects of the machine. Though first opposite party received this letter neither did first opposite party send a new machine nor did first opposite party refund the amount already collected from complainant. Hence this complaint, claiming Rs.1,46,570/- (Rs.1,38,000/- + Rs.8,570/-) towards monetary loss, Rs.50,000/- as compensation and for cost of Rs.5,000/-.
2. Notice to both opposite parties were served. They remained absent and were set exparte on 29-11-2008.
3. There is no contra evidence adduced by opposite parties in this case. Complainant filed affidavit reiterating the contentions in the complaint. Exts.A1 to A9 marked for the complainant. The affidavit supported by documents prove the case put forward by complainant. Complainant has succeeded in establishing his case and is definitely entitled to be compensated for the monetary loss and unfair trade practice suffered by him.
4. In the result we allow the complaint and order both opposite parties to jointly and severally pay Rs.1,38,000/- (Rupees one lakh, thirty eight thousand only) to the complainant with interest @ 6% p.a. from date of complaint till payment along with costs of Rs.1,000/- within one month from the date of receipt of copy of this order.
Dated this 23rd day of January, 2009.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A9 Ext.A1 : Visiting card (original) Ext.A2 : Photograph of the machine (original) Ext.A3 : Brochure of the first opposite party (original) Ext.A4 : Quotation dated, 01-8-2008 issued by first opposite party (original) to 2nd opposite party. Ext.A5series : Receipts (3 Nos.) from Axis Bank, Malappuram Branch (original) Ext.A6 : Sale Invoice for Rs.1,30,000/- dated, 14-8-2008 by first opposite party to complainant. Ext.A7 : Receipt for Rs.8,570/- dated, 03-9-2008 by Branch office KTC parcel service. Ext.A8 : Photo copy of the letter dated, 08-9-2008 by complainant to a first opposite party. Ext.A9 : Power of attorney. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................C.S. SULEKHA BEEVI | | 
