D.O.F:30/06/2021

    D.O.O:28/04/2022

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.109/2021                                                                                                                                                

Dated this, the 28^th day of April 2022

PRESENT:

SRI.KRISHNAN.K                        : PRESIDENT

SRI.RADHAKRISHNAN NAIR.M: MEMBER

SMT.BEENA.K.G                              : MEMBER

Madhu.K

S/o. C. Kannan

“Malhal” Sayoojyam Housing Enclave                            : Complainant

Udayagiri, Vidyanagar

                                                       And

Priyan

S/o Kanakarajan

Karunalayam, Emili                                                             : Opposite Party

Kalpatta P.O, Wayanad - 673121

ORDER

SMT.BEENA.K.G: MEMBER

     The complainant purchased a domestic dog from Opposite Party for Rs 28000/- on June 16, 2021 by online purchase. He purchased the puppy by seeing its photos. After receiving the parcel of puppy complainant came to know that the dog shown in photos is different from the dog delivered. From the beginning itself the dog showed the symptoms of illness. Complainant took the dog to the Government Veterinary hospital Anangoor on June 18 .   From examination it is revealed that the puppy is suffering from viral disease.   According to the doctor, puppy had not taken DP vaccination and other   vaccines after 30 days and puppy is affected by parvo virus before sale. The symptoms of the virus will be visible within 5-14 days. Even though an effective treatment is given by the complainant, the puppy died on 21^st June.   Opposite Party had not given vaccination to the puppy in time as a breeder. The complainant informed all the details of ills to the Opposite Party and demanded Rs. 28000/-the purchase price given to the puppy, but Opposite Party adopted adamant attitude.  The complainant had taken the puppy to the hospital every morning and evening to give drip so as to save its life, but all efforts ended in vein.  The death of puppy caused huge loss and mental agony to the complainant. Complainant is seeking compensation of Rs. 50,000 /- for treatment expense and mental agony.

     Notice of Opposite Party returned stating Intimation given. Name of Opposite Party called absent set exparte. Complainant filed proof affidavit in lieu of chief examination and documents marked as Ext A1 to A4.

                   The issue raised for consideration are

1. Whether there is deficiency in service or unfair trade practice on the part of Opposite Party?
2.  Whether complainant is entitled for relief?
3.   If so what is the relief

     Ext A1 series are money transaction details of complainant to Opposite Party          Ext A2 series are treatment details, Ext A3 series are bills, Ext A4 is the receipt from Vidyanagar police station for the receipt of petition Dated 26/06/2021 .The affidavit and documents produced by the complainant proves that the complainant purchased a puppy from Opposite Party and it got ill..  After receiving the parcel, complainant came to know that photos shown to him before purchase is different from the puppy received.  Moreover the puppy was affected by viral disease and not taken any vaccines after birth.  Even though the complainant had given proper care and treatment, puppy died, whether the Opposite party is a licensed breeder? Puppies should be seen with their mother and at the place they were born .  

     Hence the parents been screened for healthy conditions relevant for life.  Puppies should not be separated from their mother until they are at least 8 weeks old.

     Do the puppy appear healthy and happy?

     In the absence of contra evidence complainants case stand proved Ext A2 and A3 series proves that the complainant has spend money and time to save the puppy.

     The complainant had consulted a veterinary doctor several times, medicine purchased. The complainant had taken all efforts to save the life of puppy. But unfortunately it is died due to infection.  In the absence of any rebuttal evidence this commission is of the view that there is deficiency of service and unfair trade practice on the part of opposite parties.  The complainant admits that he received Rs. 14000/- from the Opposite Party due to intervention of the Vidyanagar Police.

     Therefore complaint is allowed directing Opposite Party to refund the balance amount of Rs. 14,000/- (Rupees Fourteen thousand only) along with Rs. 10,000/-(Rupees Ten thousand only) as compensation for mental agony hardships and Rs. 5000/- (Rupees Five thousand only) as cost.

     The time for compliance is thirty days from the receipt of the copy of the judgement.

    Sd/-                                                      Sd/-                                           Sd/-

MEMBER                                          MEMBER                              PRESIDENT

Exhibits

A1- series are money transaction details

A2- series are treatment details

A3- series are bills

A4- Receipt from Vidyanagar Police Station

    Sd/-                                                      Sd/-                                           Sd/-

MEMBER                                          MEMBER                              PRESIDENT

Forwarded by Order

Ps/                                                                              Assistant Registrar