By Sri.P.K,.Sasi, President
The case of the complainant is that she has agreed with the opposite party to purchase a water tank having purifying functions. Accordingly on 10/4/19 the opposite party came to complainant’s house and inspected the place where to install the tank and assured her that he shall fix the tank within 3 days if she had paid Rs.7,000/-. Then the complainant paid Rs.1,000/- on that day itself and the remaining Rs.6,000/- transferred from her daughter’s account at SBI, Kodannur branch to the opposite party. Then the opposite party sent a bill for that amount for Rs.7,000/- through Watts app. Thereafter nearly one week the complainant tried to contact with the opposite party through telephone. But he was not available. She talked with his father through telephone and the water tank was brought to her house on 18/4/19 and simply kept in the courtyard of her house Thereafter several times the complainant tried to contact the opposite party through telephone. But she could not contact the opposite party. Then again the complainant called opposite party’s father through telephone and he assured the complainant that he shall come and fix the tank with all the purifying facilities. Whereas contrary to his assurance, nothing done either by the opposite party one by his father. The complainant is a widow having two daughters. Under this circumstances, she is not in a position to wander behind the opposite party to get the amount paid by her. The act of the opposite party after collecting the entire amount, withdrawing from the assurances made to affix the water tank with purifying facility, amounts to deficiency in service as well as unfair trade practice. Due to the illegal acts of the opposite party, the complainant happened to sustain unnecessary mental agony and monetary loss. Hence this complaint is filed.
2. On receiving complaint, notice was properly sent to the opposite party. Even after accepting the notice, the opposite party neither appeared before the Forum nor submitted any version. Hence set ex[arte and posted for complainant’s evidence. From the side of complainant, she has appeared before the Forum and submitted proof affidavit, in which she has affirmed and explained all the averments stated in the complaint in detail. She has also produced 2 documents and marked as Exts.P1 and P2. Ext.P1 is copy of account statement and Ext.P2 is print out of bill sent by the opposite party. If at all there was any contra evidence for the opposite party, they ought to have been appeared before the Forum and submitted their version.
3. This is a complaint filed by the complainant through the public counsel appointed by the Forum on request of the complainant for getting free legal aid. We heard the learned public counsel in detail and perused the contents of affidavit as well as documents produced. Ext.P2 would go to show that the complainant had paid Rs.7,000/- towards 1000 ltrs. of water tank with sand filter facility.
4. Considering the points discussed hereinabove, we are of the opinion that the opposite party has committed deficiency in service as well as unfair trade practice towards the complainant.
5. In the result, we allow this complaint, and the opposite party is directed to return Rs.7,000/- (Rupees Seven thousand only) along with Rs.5,000/- (Rupees Five thousand only) as compensation and Rs.2,000/- (Rupees Two thousand only) as cost to the complainant within one month from receiving copy of this order. Failing which the complainant is entitled to get 12% interest for all those amount till realization. After realization of amount the complainant is directed to remit Rs.2,000/- (Rupees Two thousand only) to the LBF of the Forum.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of December 2019.
Sd/- Sd/-
Dr.K.Radhakrishnan Nair P.K.Sasi, Member President.
Appendix
Complainant’s Exhibits
Ext.P1 copy of account statement
Ext.P2 print out of bill sent by the opposite party
Id/-
President
