Date of filing : 21-06-08 Date of order : 10-06-09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C.No.99/08 Dated this, the 10th day of June 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER The Principal, Chinmaya Vidayala, } Complainant Vidyanagar, Kasaragod. (Adv. K.Unnikrishnan, Kasaragod) K. Padmanabhan, Aswin Tailors, Near Olavara Mundya, Po.Udumbumthala, Payyanur, } Opposite party Kannur.Dt. (Adv. D.K.Kunhikannan, Payyanur) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Complaint in terse is that in response to the quotation of the opposite party dated 25-09-2006 the complainant engaged him to supply Band Uniform sets for the Band troupe of his school. The rate fixed per set was Rs.1159/-. The total uniform sets required were 25. But opposite party has supplied incomplete Band Uniform sets which are unusable for the purposes. He has not supplied the articles like Kamar bandh, stars, Emblems, Belts, Whistle chords, caps, cap golden Bands etc. As a result the institution has cancelled many Band programmes and thereby suffered loss and it affected their good image. Hence the complaint. 2. Opposite party contended that complainant is not a consumer and the Principal is not authorized to file the complaint. On merits the contention of the opposite party is that he has supplied all the articles mentioned in the quotation and the complainant has only paid Rs.15,000/- as against the total agreed rate. 3. Complainant the Principal of the school filed affidavit reiterating that is stated in the complaint. Exts A1 to A3 marked. Opposite party has not adduced any evidence or produced any documents. Both sides heard and the exhibits produced are perused. 4. The contention of the opposite party that the complainant is not a consumer and the Principal is not authorized to institute the complaint has no force. The Band Uniform sets were not intended for any commercial purpose. Hence the complainant is a consumer as envisaged under the Consumer Protection Act. Ext.A2 is the quotation issued by opposite party. The said quotation is seen issued in the name of Principal Chinmaya Vidyalaya, the complainant herein. Hence he is competent to file this complaint. 5. The averment that the complainant has only paid Rs.15000/- against the quoted amount is not correct. Ext.A1 is issued by the opposite party and in that it is stated that the opposite party has received the clothes intended for stitiching the Band Uniform sets. The cost fixed for the said clothes were Rs.11500/-. The rate per Band Uniform set is fixed considering the value of clothes also. So the total consideration paid is Rs.26,500/-. The balance as per the quotation will only be Rs.2475/- (28975-26500/-). But for getting the said amount the opposite party should prove that he has supplied all the articles as shown in the quotation. But no documents were produced by opposite party to prove that he has supplied all the articles. 6. The non-supply of the articles as against the stipulation is certainly a deficiency in service on the part of opposite party. Therefore the complaint is allowed and the opposite party is directed to supply the remaining band uniform articles to the complainant. On receiving the said articles the complainant shall pay Rs.2475/- to the opposite party that is due as per the quotation accepted by the complainant. The opposite party further directed to pay Rs.2000/- towards the loss and hardships suffered by complainant along with a cost of Rs.2000/-. Time for compliance one month from the date of receipt of copy of order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.28-10-06 Requests made by the opposite party A2.25-09-06 Quotation submitted by OP. A3. 18-03-08. Copy of lawyer notice. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
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