BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI D.SINGARA CHARY, B.A., LL.B.,
PRESIDENT.
SMT.CH.A.LATHA KUMARI, M.A.,M.Sc.,LL.M.,
FEMALE MEMBER.
. . .
TUESDAY, THE TWENTY SEVENTH DAY OF MAY, 2014
CONSUMER COMPLAINT No.28 OF 2014
Date of filing: 15/04/2014
Date of Disposal: 27/05/2014
Between:
Chowgoni Ramulu S/o Kannaiah, Age: 51 years,
Occ: Agriculture, R/o Inupamula Village, Kethepally Mandal,
Nalgonda District.
…COMPLAINANT.
AND
Noble Cots, rep.by its Partner Mohammed Abdul Aziz,
H.No.1-10-64/2/4, Opp: Krishnaveni Talent School,
Market Yard Road, Janagaon, Warangal District-506 167.
…OPPOSITE PARTY.
This complaint coming on before us for final hearing on this day, in the presence of Sri V.Surendar Reddy, Advocate for the Complainant, and the Opposite Party having been set exparte, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
ORDER OF THE FORUM DELIVERED
BY SRI D.SINGARA CHARY, PRESIDENT
1. Heard the learned counsel for the Complainant and perused the complaint, affidavit and Exs.A-1 to A-5. It is the case of the Complainant that while he sold net cotton weighing 8345 Kgs. to the Opposite Party, the latter paid him cost of only 7300 Kgs. and did not pay the amount pertaining to 1045 Kgs.
Contd…2
- 2 -
2. Ex.A-1 is the receipt of the weigh bridge vide ticket No.11810. The goods were transported from Inupamula to Janagaon in vehicle No.AP-24TB-6329. The vehicle was weighed in a weigh bridge at Patelgudem in Janagaon, the town where the goods were delivered. According to the said receipt Ex.A-1, the gross weight of the vehicle is 12765 Kgs. which includes the weight of the transport device namely; the lorry. According to it, the weight of the lorry is 4420 Kgs. and as such the net weight of the load namely; the cotton was 8345 Kgs.
3. Since the weighment was made where the goods were delivered, it cannot be said that there can be any loss of weight on account of the cotton being dried up. According to the complaint and affidavit and the payment voucher issued by the Opposite Party, the Opposite Party paid amount only for 7300 Kgs. Thus, without any reason the Opposite Party withheld payment of 1045 Kgs. According to the payment voucher Ex.A-2, the rate per quintal is Rs.4450/- which takes us to Rs.44.50 Ps. Per Kg. The payment withheld is in relation to 1045 Kgs. and as such the Opposite Party is liable to pay a sum of Rs.46,502/-. There was no justification for the Opposite Party to withhold the said payment. By not paying the said amount, the Opposite Party became guilty of deficiency of services and as such the Opposite Party shall also pay some compensation to the Complainant. In the circumstances, a sum of Rs.5,000/- is to be awarded towards deficiency of services.
The complaint is accordingly allowed and the Opposite Party is directed to deposit in this Forum, a sum of Rs.46,502/- (Rupees Forty six thousand five hundred and two only) towards the cost of 1045 Kgs.
Contd…3
- 3 -
of cotton and a sum of Rs.5,000/- (Rupees Five thousand only) towards deficiency of services with interest @ 9% p.a. from the date of the complaint till realization and costs of Rs.2,000/- (Rupees Two thousand only) within one month from today.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 27th day of May, 2014.
FEMALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Party:
Affidavit of the Complainant. None.
EXHIBITS MARKED
For Complainant:
Ex.A-1 Dt.04/03/2014 Receipt bearing Ticket No.11810.
Ex.A-2 Dt.04/03/2014 Goods Receipt, issued by the Opp.Party.
Ex.A-3 Dt.02/04/2014 O/c of legal notice issued by the counsel for
the Complainant to the Opposite Party.
Ex.A-4 Dt.02/04/2014 Postal Receipt.
Ex.A-5 Dt.04/04/2014 Unserved Postal Cover.
For Opposite Party:
Nil.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
TO
1). Sri V.Surendar Reddy,
Advocate for the Complainant.
2). The Opposite Party.
