Date of filing : 25-04-2013
Date of order :30-01-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.133/13
Dated this, the 30th day of January 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Dr.P.Venugopalan Nair, : Complainant
Usha Homoeo Clinic & Pharmacy,
Oberle Complex, Badiadka Road,
Po.Kumbla. 671321, Kasaragod.Dt.
(Adv.K.Rama Patali, Kasaragod )
M/s.Aly Publications, Beypore, : Opposite party
Kozhikode. 673015.
O R D E R
SMT.P.RMADEVI, PRESIDENT
Brief facts are that the complainant is a practicing Homoeo Doctor for more than 30 years and on 23-10-2013 the opposite party published an advertisement in Mathrubhumi Malayalam daily in respect of a Homoeopathi book by name “Homoeopathy Materia Medica” a book written by Prof.K.S.Gopi, retired Professor, Govt. Homoeopathic Medical College, Calicut for Rs.800/- and after the advertisement the opposite parties representative approached the complainant at Kumbla and made believe that the ‘Homoeopathy Materia Medica’ is very worth and very useful and very beneficial for the medical practitioner and handed over an advertisement pamphlet to the complainant and believing the words of the opposite party the complainant agreed to purchase the above mentioned book and the complainant sent Rs.800/- to the opposite party by money order and the opposite party received the amount and acknowledged the same and on 04-02-2013 opposite party issued a letter to complainant apologizing for the non delivery of the book and promising to deliver the book within 28th February 2013 and thereafter the date of delivery was extended to 15th March but the opposite party failed to deliver the book even after sending a demand notice by the complainant and thereafter on 05-07-2013 the opposite party sent a letter to the complainant stating that only one volume is published and volume No.2 and 3 will be published subsequently and also promised through letter that volume No.I will be given to the complainant for Rs.300/- and the balance of Rs.500/- will be sent to the complainant and so far the opposite party has not cared to send the book to the complainant or to payback the amount. Hence this complaint is filed seeking necessary relief.
2. The opposite party duly served the notice and Adv.shajid Kammadam filed vakalat. Subsequently the counsel reported no instruction and name of opposite party called absent and set exparte.
3. The complainant filed proof affidavit and Exts.A1 to A10 marked. Heard the counsel for complainant and documents perused.
4. It is a clear case of unfair trade practice. Here we perused the documents filed by the complainant in respect of his claim. Considering all the facts of the case and on perusal of each documents it is clear that the opposite party has received Rs.800/- from the complainant for the book namely ‘Homoeopathy Materia Medica’ and also convinced that the opposite party received the amount and failed to deliver the above said book. It amounts to unfair trade practice. Therefore the complainant is entitled for compensation for mental agony and inconvenience caused to him by the act of opposite party. No contra evidence on the part of opposite party.
Therefore the complaint is allowed and directing the opposite party to pay Rs.800/- for the price of the book which the opposite party received from complainant and opposite party is further directed to pay Rs.15,000/- as compensation for mental agony and Rs.3000/- towards cost of the proceedings. Time for compliance is 30 days from the date of receipt of copy of the order.
MEMBER MEMBER PRESIDENT
Exts.
A1. Mathrubhumi daily Dt.23-10-2012
A2. Pamphlet
A3.Postal receipt.
A4.Money order acknowledgement
A5. 4-2-2013 letter issued by OP to complainant
A6.10-02-2013 letter issued by OP to complainant.
A7.Postal receipt
A8.22-03-2013 Letter sent by complainant to OP.
A9.Postal acknowledgement card
A10. 5-7-2013 letter sent by OP to complainant.
MEMBER MEMBER PRESIDENT
Pj/
