Sri.NishadThankappan (Member II):
The complainant is filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The case of the complainant in brief as follows: Smt. DeenammaRoy, has filedthis complaint before thiscommission with a request to grant advance amount already paid to the opposite party. The allegation against the opposite parties is as follows:-
3. For the purchase if one cake from the opposite party bakery for the birth anniversary of his grandson, the complainant has remitted a sum of Rs. 500/- as advance and requested to arrange delivery infirm. But when contacted to opposite party it was informed that the booked cake was not ready. And the opposite party taken a negligence view to supply the same. And behaved in a irresponsibility due to the lack of supply of the cake had spent an additionalRs. 1350/-. Since there was no of opposite party, he had filed the complaint.
4. Notice send to the opposite party. But opposite party had not entered appear before the commission order explained reason for this matter and not filed any version. So commission had declared the opposite party as ex-parte on 04/03/2020.
5. On a detailed stand of the complaint the Forum has raised following issues for consideration.
1. If there any deficiency of service on the side of opposite party.
2. Whether the opposite party entitled to get back for advance
amountRs. 500/-.
3. Regarding compensation and cost?
6. On verification of the complaint and document produced by the complainant in examined and that is marked as Ext. A1. Ext. A1 is the receipt showing the remittance of advance amount to the opposite party. It is clear that the opposite party was accepted the advance amount for the supply of the cash in time. But when contacted the complaint before the opposite party they have taken a negligence view to supply of cake intime and behaved in a irresponsible the opposite parties had not taken any earnest approach to supply the cake. This shows that there is grossest deficiency in service and unfair trade practice on a personal of the complainant it can be seen that all the allegation raised by the complainant is to be treated as genuine the complainant is fully entitled to get back the advance amount from the opposite party.
7. Since there is deficiency in service and unfair trade practice on the side of the opposite party the complainant is entitled to get compensation of this opposite parties. The complainant has sustained mental agony inconvenience in connection with the above matter. So the complaint is to be allowed.
8. In the result, we hereby ordered that the opposite party has to repay the advance amount of Rs. 5,00/- (Rupees Five Hundred only) to the complainant along with her additional expenditure for Rs. 1,350/-(Rupees One Thousand Three Hundred and Fifty only). Considering the facts & circumstances of the case a sum of Rs. 2,000/- (Rupees Two Thousand only) is to be paid by the
opposite party to the complainant along with a cost of Rs. 500/- (Rupees Five Hundred only) for this proceedings. We further ordered that the said amount noted above may be paid to the complainant by the opposite party within one month for the date of receipt of this order. In case any default the payment of the said amount the complainant is free to proceed against asset of the opposite party for the realization of the said amount.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30thday of November, 2020.
(Sd/-)
Sri.NishadThankappan
(Member-II)
Sri.George Baby(President) : (Sd/-)
Smt. N. ShajithaBeevi (Member-I) : (Sd/-)
Witness examined on the side of the complainant:
PW1:Deenamma Roy
Exhibits marked on the side of the complainant:
A1: Receipt showing the remittance of advance amount to the opposite party
Witness examined on the side of the opposite parties:Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:-
(1) Deenamma Roy,
ThoppilCharalethu, Attachakkal P.O,
Payyanamon, Konni.
(2) The Manager/Proprietor,
Prabhat Bakery, Market Road, Konni.
(3) The Stock File.
