IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 18th day of November, 2014.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member-I)
Smt. Sheela Jacob (Member-II)
C.C. 95/2014 (Filed on 18.07.2014)
Between:
K Mukundan,
Devaki Bhavan,
Mangaram,
Pandalam,
Pin - 689 501. …. Complainant
And:
- Girish (Owner),
Haritha Agro Plantation,
Kottarakkara.P.O,
Kollam.
2. Premkumar,
Haritha Agro Plantation,
Kottarakkara.P.O,
Kollam. …. Opposite parties
O R D E R
Sri. Jacob Stephen (President):
Complainant approached this Forum for getting a relief against the opposite parties from this Forum.
2. Complainant’s case is that he had purchased 5 young coconut plant, 1 mango plant, 1 orange plant and one meg plant from the opposite parties by paying a total amount of Rs.5,100/- on 22-11-2013 on their assurance of replacement within 6 months if any of the plants shows any complaint. The complainant planted and looked after the said plants as per the instructions of the opposite parties. But 3 of the coconut plants and the orange plant blighted with in 4 months. Thereafter the complainant contacted the opposite parties several time for the replacement of the blighted plants who in turn assured the complainant that they will replace the plants within two weeks. But so far the opposite party has not replaced the plants as against their assurance. The above said act of the opposite party is an unfair trade practice and it is a clear deficiency in services, which caused financial loss and mental agony to the complainant and hence opposite parties are liable to the complainant for the same. Hence this complaint for the realization of a total amount of Rs.18,900/- under various heads from the opposite parties.
3. Opposite parties are exparte in this case even after paper publication against them.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral testimony of PW1 and Ext.A1 to A3. After closure of evidence, complainant was heard.
6. The point:- The complainant’s case is that the opposite parties are doing the business of nursery and the sellers of small plants of different variety. Accordingly the complainant purchased 5 young coconut plant, 1 mango plant, 1 orange plant and one meg plant by paying at total amount of Rs.5,100/- on 22-11-2013 from the opposite parties. At the time of purchase opposite party assured the complainant that they will replace all blighted plants, if blighted within 4 months from the date of purchase. He planted the said plants as per the instructions of the opposite parties and further nursed the said plants as instructed by opposite parties. However 3 coconut plants and the orange plant are blighted within 4 months. Therefore, the complainant contacted the opposite parties several times for the replacement of the blighted plants. But the opposite party has not replaced the blighted plants in spite of the complainant’s repeated request. Because of the above said act of the opposite parties complainant has sustained mental agony and financial loss, which is a clear deficiency in service and unfair trade practice and opposite parties are liable to the complainant for the same. Therefore, the complainant prays for allowing the complaint.
7. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and 3 documents produced are marked as Exts.A1 to A3. Ext.A1 is the copy of order form dated 22-11-2013 for Rs.5,100/- issued by the opposite parties in the name of complainant showing the sale of the plants. Ext.A2 is another order form dated 27-08-2014 for the sale of a pepper plant for Rs.50/- to the complainant by the opposite parties. Ext.A3 is the paper publication against the opposite parties in Mangalam daily dated 04-10-2014.
8. On the basis of the available materials on record, it is seen that the opposite parties had sold different types of small plants to the complainant for a total consideration of Rs.5,100/- on 22-11-2013. Complainant’s allegation is that opposite parties sold the plants with an assurance to replace the blighted plants if any, blighted within 4 months. But some of the plants blighted before 4 months from the date of purchase. But the said plants are not replaced by the opposite parties, inspite of the complainant’s request which caused financial loss and mental agony to the complainant. Since opposite parties are exparte, we find no reasons to disbelieve the complainants allegations. Therefore, the complainant’s case stands proved as unchallenged. So, we find that the opposite parties have committed unfair trade practice and deficiency in service against the complainant and the complainant is entitled to get compensation and cost from the opposite parties. Hence this complaint is found allowable.
9. In the result, this complaint is allowed thereby opposite parties are directed to pay Rs.3,900/- (Rupees Three Thousand Nine hundred only) the price of the blighted plants along with compensation of Rs.7,500/- (Rupees Seven Thousand Five hundred only) and cost of Rs.2,000/- (Rupees Two Thousand only) within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 10% interest per annum from today till the realization of the whole amount.
Declared in the Open Forum on this the 18th day of November, 2014.
(Sd/-)
Jacob Stephen,
(President)
Smt. K.P. Padmasree (Member – I ) : (Sd/-)
Smt. Sheela Jacob (Member – II : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : K. Mukundan
Exhibits marked on the side of the complainant:
A1 : Copy of order form dated 22-11-2013 for Rs.5,100/- show
the sale of the plants issued by the opposite parties in the
name of complainant.
A2 : Order form dated 27-08-2014 for Rs.50/- for the supply of
pepper plant to the complainant by the opposite parties.
A3 : Paper publication dated 04-10-2014 in Mangalam daily.
Witness examined on the side of the opposite parties: Nil
Exhibits marked on the side of the opposite parties: Nil
(By Order)
Copy to:- (1) K Mukundan, Devaki Bhavan, Mangaram,
Pandalam, Pin - 689 501.
- Girish (Owner), Haritha Agro Plantation,
Kottarakkara.P.O, Kollam.
(3) Premkumar, Haritha Agro Plantation,
Kottarakkara.P.O, Kollam.
(4) The Stock File.
