Date of filing : 21-04-2014
Date of order : 28-05-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.77/2014
Dated this, the 28th day of May 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
N.D. George, Nirampuzha Veedu, : Complainant
Panathadi.Po. Rajapuram.Via,
Kasaragod.Dt.
(In Person)
Mukundan, Kavil, : Opposite party
Nileshwaram.Po.
(Exparte)
O R D E R
SMT.SHIBA.M.SAMUEL, MEMBER
The brief case of the complainant is that he had entered in an agreement with the opposite party to tie the coconut tree with wire which was leaning over his house for which the opposite party agreed to tie it for an amount of Rs.35/- per metre. As per the complaint he wanted to complete the work with 25 metres as single line. But opposite party herein without the consent of the complainant tied up tree by using 50 metres wire with double line. Opposite party also used another 6 metres wire to tie it. After work, when the opposite party demanded charge for his work the complainant raised his objection that he would be ready only for 25 metres charge. At that time opposite party humiliated the complainant in front of his relatives and scolded him in filthy language. Hence this complaint.
2. On issuing notice, opposite party refused to accept it and returned the same. Hence the name of opposite party called absent and set exparte. Complainant was examined as PW1 and Exts A1 & A2 were marked.
3. While adducing evidence, PW1 stated that he had agreed to tie the coconut tree which was leaning over his house with wire for Rs.35/- per metre. PW1 made clear that he had agreed it for 25 metres in total. But against his expectation the opposite party herein tied up the tree with double line and thereby taken 50 metres instead of 25 metre wire. PW1 was constrained to pay Rs.2000/- to opposite party when opposite party humiliated and scolded him in filthy language. Ext.A1 is the copy of the registered notice sent by complainant to opposite party for which the opposite party has not sent any reply. As per this facts of the case PW1 is liable to pay only Rs.1085/- to the opposite party which is the cost of 31 metres of wire (25+6) at the rate of Rs.35/- per metre instead of that he paid an amount of Rs.2000/-.
From the evidence tendered by PW1, it is clear that opposite party committed unfair trade practice and he is liable to compensate for the excess amount received by him.
In the result complaint is allowed and opposite party is directed to pay a sum of Rs.915/- which is the excess amount received by him and Rs.500/- as cost and compensation of this proceedings. Time for compliance is 1 month from the date of receipt of copy of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.12-2-2014 copy of letter sent by complainant to opposite party.
A2.Photocopy of registered cover.
PW1.N.D. George.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
