Kerala

Trissur

CC/08/229

Daison.T.P. - Complainant(s)

Versus

Harmony Cargo Movers And Transporters Pvt Ltd - Opp.Party(s)

Adv.A.D.Benny

25 Jul 2009

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/08/229

Daison.T.P.
...........Appellant(s)

Vs.

Harmony Cargo Movers And Transporters Pvt Ltd
Manager
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S. 3. Sasidharan M.S

Complainant(s)/Appellant(s):
1. Daison.T.P.

OppositeParty/Respondent(s):
1. Harmony Cargo Movers And Transporters Pvt Ltd 2. Manager

OppositeParty/Respondent(s):
1. Adv.A.D.Benny

OppositeParty/Respondent(s):




ORDER

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By Smt. Padmini Sudheesh, President:
 
 
            The case of complainant is that the complainant caused to send four box products to Swastik Decors, Thodupuzha through the respondents vide consignment note No.8914. The products were electricals purchased by the Swastik Decors from the respondents by invoice Nos.5580 and 5583. The products cost Rs.63,214/-. But till date those products were not delivered to the Swastik Decors by the respondents. So the complainant caused to send a lawyer notice, but it was not accepted by the first respondent. The 2nd respondent who had accepted the lawyer notice intimated that the products were detained by the Sales Tax Authorities. If it was so the respondents are only responsible. Hence this complaint.
 
            2. The respondents called absent and set exparte.
 
            3. To prove the case of complainant he has filed Affidavit and the documents produced by him are marked as Exts. P1 to P6.
 
            4. According to the complainant, the electric products purchased by the Swastik Decors from the complainant were sent through the respondents were not delivered to the transferee. So he caused to send a lawyer notice and it was accepted by 2nd respondent. The first respondent did not accept and returned the notice. The complainant stated that after accepting the lawyer notice, the 2nd respondent informed him that the products were detained by the Sales Tax Authorities and failed to deliver the products. It is a deficiency in service on the part of respondents.
 
            5. There is no evidence to the contrary.
 
            6. In the result, the complaint is allowed and the respondents are directed to pay Rs.63,214/- (Rupees sixty three thousand two hundred and fourteen only) the cost of the products and Rs.5000/- (rupees five thousand only) as compensation with cost Rs.2000/- (Rupees two thousand only) within two months.
 

             Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 25th day of July 2009.




......................Padmini Sudheesh
......................Rajani P.S.
......................Sasidharan M.S