Kerala

Thiruvananthapuram

CC/216/2021

Gopakumar S - Complainant(s)

Versus

N Prabhakaran - Opp.Party(s)

23 Sep 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

     SRI.P.V.JAYARAJAN      : PRESIDENT

                                  SMT.PREETHA G NAIR   : MEMBER

                                  SRI.VIJU.V.R                   : MEMBER

 

CC.NO.216/2021 (Filed on : 22/07/2021)

ORDER DATED : 23/09/2022

COMPLAINANT

Gopakumar.S

TC.No.10/926-37,

Mannamoola, Peroorkkada.P.O

Thiruvananthapuram – 695005

 

(Party in person)

                                                   VS

OPPOSITE PARTY

N.Prabhakaran,

Proprietor, GP Machinery,

85, Balamurugan Nagar, 5^th Street,

Ganapathy Post, Coimbatore – 641006

 

(Exparte)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1.           This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.           This complaint in short is that the complainant is doing small scale camphor manufacturing unit by name Anjaneya Karpooram dealing with the scales of pooja products FUR L / VELLYANOD. The opposite party is the proprietor of GP Machinery, dealing with the supply of raw materials for camphor manufacturing situated at the above address at Coimbatore.  The complainant contacted the opposite party through Mobile No.6379786739  on 30.12.2020 for the supply of raw materials for camphor manufacture. Then the opposite party assured that a large quantity of best quality camphor and hexamine are in stock with him and ready to supply in bulk quantities so as to cater to the needs of the complainant. Accordingly, the complainant placed order for 3 bags of best quality camphor and five bags of hexamine. In pursuance of the demand for payment, the complainant paid an amount of Rs.1,07,970/- (Rupees one lakh seven thousand nine hundred and seventy only) on 31/12/2020 by transferring to A/c.No.190811100006913 kept by the opposite party with Andhra Bank, Ganapathi Branch, Coimbatore. After receiving the said amount, the opposite party assured that the ordered raw material would be delivered at once. As no items were delivered even after two weeks of payment, the complainant telephonically contacted the opposite party, then he promised to send it immediately. However, in spite of repeated requests, the complainant received only a part of the ordered items ie, two bags of camphor and two bags of Hexamine on 19/01/2021, that also of second quality items, contrary to the assurance made by the opposite party. Thereafter as and when the complainant contacted the opposite party for the balance items on several occasions, he assured to send it very soon. But to the utter dismay and disappointment of the complainant nothing was materialized in pursuance of the assurances given by the opposite party. As the opposite party has not send the ordered items in time, the complainant suffered both financial loss and mental strain and compelled to wind up his kind of business for a while. The complainant requested the opposite party either to deliver the balance items or refund the amount with immediate effect, but he did not care to do so. In the meantime, on 04/02/2021 the opposite party have send an “apologies letter of delaying raw materials supply” to the complainant, requesting to wait for couple of days and in case of failure agreed to refund the amount with proper compensation. At last, the opposite party credited Rs.8,000/- (Rupees eight thousand only) to the complainant’s account. As of now the opposite party is liable to pay outstanding balance of Rs.22,090/- (Rupees twenty tow thousand and ninety only). But so far the opposite party neither delivered the balance items nor paid the balance amount. According to the complainant the acts of the opposite party amounts to deficiency in service and unfair trade practice and hence the complainant approached this commission for redressing his grievances.

3.       After admitting the complaint, notice was issued to the opposite party. Though the opposite party accepted the notice, failed to appear before this commission as directed by this commission and hence on 17/03/2022, the opposite party was called absent and set exparte.

4.       The evidence in this case consists of PW1 and Exts.A1 to A7 were marked. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.  

5.The issues to be considered in this case

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties.
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Ordered as to cost.

6.    Heard. Perused records and affidavit. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.A1 to A7 were produced and marked. Ext.A1 is the acknowledgment for the receipt of Rs.1,07,970/- paid by the complainant to the opposite party. Ext.A2 is the lawyer notice issued on behalf of the complainant to the opposite party. Ext.A3 is the postal receipt and A3 (a) is the postal acknowledgment signed on behalf of the opposite party. Ext.A4 is the reply received by the complainant from the counsel for the opposite party. Ext.A5 is the cheque for Rs.22,000/- issued on behalf of the opposite party. Ext.A6 is the memo issued by State bank of India dishonouring the Ext.A5 cheque issued by opposite party. Ext.A7 is the apology letter for delay of raw materials supplied sent by the opposite party to the complainant. Subsequently, the complainant through his affidavit admitted the receipt of Rs.22,500/- from the opposite party on 5^th October 2021, ie subsequent to the filing of the complaint. Though the opposite party has not appeared and filed written version, there is a clear admission with regard to the receipt of Rs.1,07,970/- from the complainant, as per Ext.A7 letter written by opposite party to the complainant. Ext.A7 letter further reveals that all the materials were not supplied to the complainant. In the absence of any contra evidence from the side of the opposite party, the evidence adduced by the complainant stands unchallenged. From the admission made by the opposite party through Ext.A7 letter, it is evident that the complainant has not received the entire materials ordered by the complainant. Hence it is proved that the complainant has suffered financial loss and mental agony due to the act of opposite party. In the absence of any contra evidence to discredit the evidence adduced by the complainant, we accept the evidence adduced by the complainant. By swearing an affidavit as PW1 and by marking Exts.A1 to A7, we find that the complainant has succeeded in establishing his case against the opposite party. As the sufferings financial loss and mental agony were caused to the complainant due to the act of opposite party, we find that the opposite party is liable to compensate the loss sustained by the compliant. 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. In view of the above discussion, we find that there is deficiency in service on the part of the opposite party. In view of the above discussion, we find that this is a fit case to be allowed in favour of the complainant.

7.   The first relief sought by the complainant is refund of Rs.22,090/- from the opposite party. As the complainant has admitted that he has received Rs.22,500/- from the opposite party on 05/10/2021, the complainant is not entitled for the first relief in the complaint.

           In the result, complaint is partly allowed. The opposite party is directed to pay a compensation of Rs.10,000/- along with Rs.2500/- as cost of this proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance or realization.  

          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 Commission, this the 23^rd day of September 2022.

                                                                                     Sd/-

P.V.JAYARAJAN      : PRESIDENT

                                                                                        Sd/-

PREETHA.G.NAIR : MEMBER

                                                                Sd/-

VIJU.V.R    : MEMBER

 

 

 Be/       

APPENDIX

CC.NO.216/2021

List of witness for the complainant

PW1                      - Gopakumar.S

List of Exhibits for the complainant

Ext.A1         - Acknowledgment for the receipt of Rs.1,07,970/

Ext.A2         - lawyer notice issued by on behalf of the complainant to   the opposite party

Ext.A3         postal receipt and

A3 (a)          postal acknowledgment signed on behalf of the opposite party.

Ext.A4         Reply received by the complainant from the counsel for the opposite party.

Ext.A5         cheque for Rs.22,000/- issued on behalf of the opposite party.

Ext.A6         Memo issued by State bank of India dishonouring the Ext.A5 cheque issued by opposite party.

Ext.A7         Apology letter by the opposite party to the complainant for delay of raw materials supplied

List of witness for the opposite party – NIL

List of Exhibits for the opposite party- NIL

Court Exhibits                                   - NL

 

                                                                                          Sd/-

                                                                                 PRESIDENT