SMT.SHEELA JACOB(MEMBER)<br /> By availing of a bank loan, the complainant Sri.P.J.Sebastian purchased a pregnant cow from Sri.M.Eswaran, the Ist opposite party for a consideration of Rs.12,500/- on 1.03.2006, on the representation that the cow would fetch 10 litres of milk per day. The Ist opposite party gave a sale deed to the complainant. The 2nd and 3rd opposite parties were also signed as witnesses in the sale deed . The cow was 8 months pregnant. It was promised by the Ist opposite party that the cow was yielding 10 litres of milk in the morning and that the cow was free from health problem. Believing the words the price was fixed and the cow was taken home in a mini truck on the next day itself. The transporting charge was Rs.1,500/-. Complainant noticed that the cow was affected some disease. Though the cow was treated, the illness was not cured. On 6.03.2006 the cow died due to the disease. The cow was purchased for earning the daily bread for the complainant and his family. The consideration was raised by availing of bank loan from the Union Bank of India, Santhanpara Branch. Though the opposite parties were intimated about the fact and demanded return of the money, no reply was given by the opposite parties. The complainant has sustained a loss to the tune of Rs.16,500/-. Therefore alleging deficiency in service, the complaint has been filed for a direction to the opposite parties to compensate the complainant.<br /> <br /> 2. The opposite parties are exparte. The complainant has given evidence as PW1 and Exts.P1 to P4 were marked.<br /> <br /> 3. The complainant was examined as PW1. According to the complainant he believed and acted upon the representation of the opposite parties. The complainant purchased the cow in question at the time when it was 8 months pregnant. According to him it was represented by the opposite party that the cow gave 10 litres of milk per day. Ext.P1 is the sale deed executed by the Ist opposite party wherein 2nd and 3rd opposite parties were signed in the deed as witnesses. In order to substantiate the case the cow died. The cause of the death of the cow was due to some disease. In Ext.P2 report, the doctor stated that the disease would have started prior to his treatment. In this case opposite parties 2 and 3 have direct knowledge regarding the matter because opposite parties 2 and 3 have rejected the notices. Summons was issued from the Forum, but the opposite parties did not accept the summons as evidenced by Exts.P3, P3(a) and Ext.P4. The complainant is a farmer and who purchased the cow in question by raising a loan from the Union Bank of India, Santhanpara Branch. Having regard to these matters and the serious deficiency on the part of the opposite parties, the Ist opposite party should have return the price of the cow as Rs.12,500/- and compensation Rs.2,500/-. The complainant is also entitled to the cost of this petition which we would limit to Rs.2,000/-. All the opposite parties will pay this amount. <br /> In the result, the Ist opposite party is directed to pay to the complainant an amount of Rs.15,000/- by way of price and compensation for deficiency in service and opposite parties 2 and 3 are directed to pay to the complainant an amount of Rs.2,000/- by way of cost of this petition within 30 days of receipt of a copy of this order, failing which the outstanding amount shall carry 12% interest from the date of default.<br /> <br /> Pronounced in the Open Forum on this the 31st day of July, 2008<br /> <br />