By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to refund the amount received by opposite party by cheating and to pay cost and compensation due to his unfair trade practice.
2. Brief of the complaint:- The complainant entered in to a contract with opposite party to supply the door frames on 30.01.2016 with specification of wood size, quality and price of frame and the same day itself an advance of Rs.7,000/- was paid to the opposite party. An order form was was issued by the opposite party stating the details of the contract. As per the request of the complainant the opposite party has delivered the article to the complainant on 23.03.2016 and it was fixed also to the house. At the time of fixing the labours and the relative expressed their doubt in the quality of the wood. After the fixing when the water poured into the frame the paint of the wood loosed and after some days the wood became deteriorated due to low quality of the wood and when it carefully examined the size of the wood also seems less than the agreed size. So the complainant complained that the opposite party has done unfair trade practice and there by cheated the complainant. And when the complainant intimated the matter to the opposite party, opposite party has denied the allegation and thereafter the fact after convincing opposite party has agreed to refund the half price, if the frames are return back.
3. So the complainant further says that after receiving Rs.14,000/- for good quality wood frame, supplying the low quality wood frame is a clear case of unfair trade practice from the side of opposite party. Thereby the complainant caused much losses hardships and mental agony and caused much difficulty to the complainant and requested to direct the opposite party to refund Rs.14,000/- and to pay cost and compensation to the complainant.
4. Notices were served to opposite party and opposite party entered appearance and filed version denying all the allegations and stated that the complainant has purchased the article from the opposite party. After given the value the complainant entrusted the work to the opposite party on 31.01.2016 and thereafter somany time the complainant visited the firm of opposite party and the quality of wood and the work of the article is checked and satisfied and thereafter in the first week of March the complainant directly taken away the article from opposite party. All other allegations are denied by the opposite party and prayed to dismiss the complaint with compensatory cost to the opposite party.
5. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A6 documents were marked. From the side of complainant PW2 and PW3 were also examined. Opposite party also filed proof affidavit and stated as stated in the version and he is examined as OPW1 and Ext.B1 is also marked. Ext.A1 is the Building permit issued to the complainant by Secretary, Tirunelly Grama Panachayath. Ext.A2 is the copy of the complaint given by the complainant to the Sub Inspector of Police, Thirunelly, wherein the allegation of the complaint is stated. Ext.A3 is the Order form issued by the opposite party to the complainant dated 30.01.2016, wherein the specification of the frame and further stated that the article should be made with good quality, chadachi wood and the total rate is shown as Rs.14,000/- and advance is received by opposite party Rs.7,000/-. Ext.A4 is the Bill issued by the opposite party to the complainant for Rs.14,000/- dated 20.03.2016. Ext.A5 series are the photos of the wood frames, which is seen some damages. Ext.A6 is the copy of Acknowledgment paid by the Sub Inspector of Police, Thirunelly, for his complaint. Ext.B1 is the Carbon copy of Ext.A3, wherein the details of the wood is not seen stated. PW2 says that the wood frames were transported from the house of complainant to the firm of opposite party and it is entrusted opposite party's institution and it is not disproved by the opposite party. PW3 says that ''when he talked to the complainant he understood that already case has been filed. Thereafter when he talked to opposite party, opposite party stated that the wood frame was taken before six month and that time there was no issues and how an issue came now''. Thereafter the opposite party told to PW3 that if the wood frames were return back the half of the amount will be return back. The said facts were intimated to complainant and complainant said that he is proceeding with the case.
6. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
part of opposite party?
2. Relief and Cost.
7. Point No.1:- The exhibits and version of opposite party proved the transaction between the parties and deposition of PW2 proved that the article were returned back to the opposite party and PW3 stated before the Forum that the opposite party has admitted to refund half of the total amount if the articles were return back.
8. Hence the evidence of PW1, PW2 and PW3 can be believed. Hence we are of the opinion that the items delivered to the complainant is a defective one and not up to the standard. Hence we found that after agreeing to supply good quality wood frame, supplying low quality materials is an unfair trade practice by the opposite party. Hence the Point No.1 is found accordingly.
9. Point No.2:- Since the Point No.1 is found against the opposite party, opposite party is liable to return back the received amount with cost and compensation and the complainant is entitled for the same. Hence the Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to refund the value received by him ie Rs.14,000/- (Rupees Fourteen Thousand) and also directed to pay Rs.2,000/- (Rupees Two Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 12% per annum for whole the amount till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 10th day of April 2017.
Date of Filing:21.10.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. K. P. Jayanith. Representative Spare Parts.
PW2. Lijo Thomas. Driver.
PW3. Maniraj. Painting.
Witness for the Opposite Parties:-
OPW1. Gopinath. Carpenter.
Exhibits for the complainant:
A1. Building Permit. Dt:18.03.2015.
A2. Copy of Police Complaint. Dt:04.10.2016.
A3. Order Form. Dt:30.01.2016.
A4. Cash Bill. Dt:20.03.2016.
A5. Photographs(4 Nos).
A6. Acknowledgment of Police complaint. Dt:02.01.2017.
Exhibits for the opposite parties:-
B1. Carbon Copy of Order Form. Dt:30.01.2016.
Sd/-
PRESIDENT, CDRF, WAYANAD.
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