By Sri.Ananthakrishnan. P. S, President:
This is a complaint filed under section 12 of the Consumer Protection Act 1986.
2. The Complainant’s case in brief is as follows:-
The Complainant purchased a cow in the month of May 2020 from the Opposite Party through broker Thattarathu Thomas for Rs.65,000/-. The Opposite Party assured 23 litres of milk and the cow was pregnant at that time. The Complainant purchased the cow by availing loan from the Karani Co-operative Bank. The Opposite Party assured that the cow will be delivered within June 2020. But, the cow delivered only on 30.08.2020 and he obtained only 15 litres of milk. Therefore, the Opposite Party cheated him and he suffered mental pain. He purchased the cow believing the words of Opposite Party. Hence this complaint to get Rs.65,000/- back. The Complainant had incurred an expenses of Rs.37,000/- for constructing the cow shed and to foster the cow. He also wants to get the said amount, Rs.20,000/- as compensation and Rs.5,000/- towards cost of this proceedings.
3. Opposite Party is ex-parte.
4. The evidence in this case consists of oral testimonies of PW1. PW1’s evidence would go to show that even though, Opposite Party assured 25 litres of milk, the Complainant has obtained only 15 litres of milk and the cow delivered only on 30.08.2020 instead of within June 2020. It is evident that the Complainant incurred expenses for constructing the cow shed and to foster the cow. There is no contra evidence. Hence this complaint is to be allowed.
In the result, the complaint is allowed. The opposite party is directed to give back Rs.65,000/- (Rupees Sixty Five Thousand Only) to the Complainant. Opposite Party is entitled to get back the cow if he gives the said amount. The Opposite Party is also directed to pay Rs.37,000/- (Rupees Thirty Seven Thousand Only) towards the expenses of construction of the cow shed and fostering the cow and Rs.20,000/- (Rupees Twenty Thousand Only) for mental agony and Rs.5,000/- (Rupees Five Thousand Only) towards cost of this proceedings to the Complainant. The Opposite Party is directed to give these amounts to the Complainant within one month of the receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 30th day of June 2022.
Date of Filing:-05.11.2020.
PRESIDENT :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. Varghese. C. M. Agriculture.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
Nil.
Exhibits for the opposite party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
SENIOR SUPERINTENDENT,
CDRC, WAYANAD.
