BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 79/2023 Filed on 02/03/2023

ORDER DATED: 08/01/2024

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.  After hearing the matter the commission passed an order as follows:
2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service and unfair trade practice on the part of the opposite party.  After admitting the complaint notice was issued to the opposite party.  The notice issued to the opposite party was accepted on 05/04/2023.  After accepting the notice, as the opposite party failed to appear before this Commission, on 19/05/2023, this Commission declared the opposite party as ex parte.
3.    The case of the complainant in short is that he has placed order for cloth materials with the opposite party worth Rs.21,010/-.  According to the complainant as per the requirement of the complainant the opposite party issued a proforma invoice for Rs.21,010/- dated 17/11/2022 to the opposite party.  The complainant’s grievance is that when the parcel which was received from the      opposite party through Alleppey parcel service, it is noticed that the 2^nd items shown in   the invoice i.e., 71 meters B green suite clothing material, only 44 meters of cloth materials were available.  According to the complainant there is a shortage of 27 meters of cloth materials in the parcel package.  After noticing this shortage, the complainant immediately contacted the opposite party over phone, but the responses from the opposite party was disappointing.  Inspite of repeated requests and demand made by the complainant, opposite party failed to resolve the issue and hence alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this Commission for redressing his grievances.  The opposite party being declared ex parte there is no written version or affidavit from the side of the opposite party.           
4. Evidence in this case consists of PW1 and Ext.P1 to P4 from the side of the complainant.  The opposite party being declared ex parte there is no oral or documentary evidence from the side of the opposite party.  
5. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice

               on the part of the Opposite Party?

2. Whether the complainant is entitle to the relief claimed in the
3.  
4. Order as to cost?

6. Heard.  Perused records, affidavit and documents.  To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Ext.P1 to P4 were produced and marked.  Ext.P1 is the identity card of the complainant.  Ext.P2 is the proforma invoice issued by the opposite party to the complainant.  Ext.P3 is the invoice issued by the complainant to the opposite party for payment of Rs.21,010/- by the complainant to the opposite party.  Ext.P4 is the receipt issued by the parcel service.  Ext.P2 shows that as per request from the complainant the opposite party has issued a proforma invoice for delivering 3 items of cloth materials to the complainant worth Rs.21,010/-.  Ext.P3 proves that the complainant has paid Rs.21,010/- to the opposite party as consideration for the cloth materials purchased by the complainant from the opposite party.  Ext.P4 is the receipt issued by Alleppey Parcel service at the time of the delivery of the parcel materials to the complainant.  Hence it is evident that the complainant has purchased cloth materials from the opposite party by paying consideration.  According to the complainant item No.2 shown in Ext.P3 invoice is not properly supplied by the opposite party to the complainant.  According to the complainant instead of 71 meters of cloth materials to be supplied by the opposite party, only 44 meters were available in the parcel package.  There is no contra evidence from the side of the opposite party to discredit the evidence adduced by the complainant.  In the absence of any evidence from the side of the opposite party to discredit the allegations raised by the complainant, we accept the evidence adduced by the complainant.  As the evidence adduced by the complainant is unchallenged, we find that by swearing an affidavit as PW1 and by marking Ext.P1 to P4 documents, the complainant has succeeded in establishing his case against the opposite party.  From the available evidence before this Commission, we find that there is deficiency in service and unfair trade practice on the part of the opposite party.  It is also evident from the evidence available before this Commission that the complainant has suffered mental agony and financial loss due to the act of the opposite party.  As the financial loss and mental agony were caused to the complainant due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant.  In view of the above discussions we find that this is a fit case to be allowed in favour of the complainant. 

In the result the complaint is allowed.The opposite party is directed to pay Rs.2,010/- (Rupees Two Thousand Ten only) being the cost of the undelivered cloth materials to the complainant along with Rs.2,500/- towards the cost of this proceedings within 30 days from the date of receipt of this order failing which the amount except cost shall carry interest @9% from the date of order till the date of realization/remittance.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 08^th day of January,  2024.

C.C. No. 79/2023

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

5. COURT EXHIBIT:

                          NIL

                                                                                                                                        Sd/-

                                                                                                                              PRESIDENT