DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 9^th day of August , 2023.

Present   : Sri.VinayMenon V., President  

     : Smt.A.Vidya,A.,Member

     : Sri.Krishnankutty N.K., Member               Date of filing: 18/02/2022                  

CC/35/2022

 V.V.Guruvayurappan

S/o V.R.Veeraraghavan,

Proprietor,

Guruvayurappan Agencies

Ayalurroad,Nemmara,

Palakkad Dt.                                                              -                Complainant

(By Adv.G.Ananthakrishnan& Adv.K.B.Priya)

                                                           V/s

1. Namasthe International

  28/131/11

No.7, FORT PLAZA

West fort Road

Near R.V.Clinic,

Palakkad.

Rep.by itsCEO&ManagingDirector,

Sri.SivakumarArumughan.

2.Namasthe International,

   28/131/11,No.7,Fort plaza,

   West fort Road,

   Near R.V .Clinic,Palakkad.

   Represented by Head of Sales &Operations,

   Sri.Muralidas Swaminathan.                                      -         Opposite Parties

   (Both Ops by Adv.R.Ramadas)

O R D E R 

By Sri. Krishnankutty.N.K., Member

1. Pleadings of the complainant in brief.

The complainant purchased 9 anti- shock rubber sheets (for transporting LPG cylinders)from the OP Company on 27/04/2021 for Rs.19785/-.Within a period of 2 months all the sheets got damaged. Though the opposite party initially agreed to replace the sheets they did not do so giving lame excuses. The complainant issued legal notice to the OPs and same was replied by them giving untrue facts. According to the complainant, the sheets were of very poor quality and that is the reason for its early damage which made it unfit for use. Hence this complaint is filed seeking a compensation of Rs.50,000.00.

1. Notices were served on the opposite parties, they entered appearance but

failed to file their version with in the statutory period. Hence the version

was rejected and the proceeding were conducted ex-parte.

2. An Advocate Commissioner was appointed as per the application of the

complainant (IA 405/22)and the Commissioner submitted his report.

3.  The complainant filed proof affidavit and marked Ext.A1 to A4 as  

     evidence.

4.  Ext.A1 is the GST invoice of the sheets purchased,Ext.A2 is the copy of legal       

     notice issued by the complainant to the OP Company, Ext.A3 is the reply to    

     the legal notice and Ext.A4 is the print out of  Whats app  communications  

     between the complainant and OPs. Commissioner’s report is marked as   

     Ext.C1.    

     In the absence of any pleadings from the side of the opposite parties it is the responsibility of the complainant to prove a prima facie case against the OPs. In the present case, the report of the Commissioner is an evidence enough to prove the same. The paragraphs 6-9 of the report clearly mention that the rubber sheets are badly damaged and not in a position to be used for said purpose for which it was sold/being used. He has also shown the                   anti- shock rubber sheets used in other trucks purchased long back and still being used. On a bare visual examination comparing both sheets, it can be identified that the sheets sold by the OPs  were much lighter than those being used by the complainant. Hence from the examination of rubber sheets it can be visually seen that those are badly damaged and not in a position to be used further for the purpose it was supposed to.”

       From the above narrations, it can be concluded that the anti-shock rubber sheets sold by the OPs were of inferior quality and  that is why the sheets got damaged within such a short span of time, when the sheets purchased earlier are intact and still being used.

1. As a prima facie case is proved against the opposite parties, the complaint is allowed ordering the following reliefs .

1. The OPS are directed to refund Rs.19,785/- being the cost of the                       anti-shock rubber sheets along with an interest @ 10% p.a from 27/04/2021 till the date of payment.

2. The complainant is also entitled to get Rs.15,000/-as compensation   

for the deficiency in service and mental agony.

3. The OPs are also directed to pay Rs.10,000/-as cost of litigation.

       The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium  per month or part thereof till the date of payment.

      Pronounced in the open court on this the 9^th day of August, 2023.

  Sd/-

                                                                           VinayMenon.V

                                                 President

  Sd/-

                                                                            Krishnankutty N.K.

                                                                                      Member

APPENDIX

Exhibits marked on the side of the complainant:

Ext.A1: GST invoice dt.27/04/21 of the sheets purchased.

Ext.A2: Legal notice issued by the complainant to the OPs dt.22/09/21.

Ext.A3: Reply  to the legal notice dt.04/10/21.

Ext.A4: Whats app chats from 26/04/21 to 24/06/21.

Ext.C1:Commissioner’s Report dt.15/02/23.

Documents marked on the side of the opposite party     : Nil

Witness examined on the side of the complainant          : Nil

Witness examined on the side of the opposite party       : Nil

Court Witness: Nil

Cost:Rs.10,000/-

NB: Parties are directed to take back all extra sets of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.