DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  30^th day of January 2016

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                                                             Date of filing: 19/11/2015

(C.C.No.178/2015)

K.M.Krishnanunni,

S/o.K.P.Balakrishna Menon(Late),

Ushas, South Meledam,

Kavassery Post,

Palakkad – 678 543                                                                         -              Complainant

(By Party in Person)

Vs

Proprietor,

Dhrisya Marble,

Anchumoorthymangalam Post,

Vadakkanchery,

Palakkad – 678 682                                                                         -              Opposite party

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of complaint.

Complainant had approached opposite party for the purchase of tiles. On 22-5-2015 he had paid an amount of Rs.1500/- as advance towards the purchase price. But, after a few days when complainant approached opposite party for the delivery of tiles, opposite party refused to deliver the tiles to him. Allegation of the complainant is that the opposite party neither delivered the tiles nor repaid the advance amount. This act of opposite party amounts to deficiency in service. Complainant submitted that due to the acts of opposite party complainant has suffered great mental agony. Hence the complaint. Complainant prays for an order directing opposite party to pay Rs.1500/- towards the advance amount already paid, Rs.5000/- as compensation for mental agony and cost of proceedings.

Complaint was admitted and issued notice to the opposite party. After receiving the  notice, opposite party did not appear before the Forum. Hence set exparte.

Complainant filed chief affidavit. Ext.A1 to A3  marked.

The following issues are considered

1.       Whether there is any unfair trade practice and deficiency in service on the part of opposite party ?

2.       If so, what is the relief?

Issues 1 & 2

Heard. We have perused the documents produced by the complainant. Complainant submitted that he had sent a registered notice to opposite party demanding Rs.1500 which was paid as advance towards the purchase of tiles. Ext A2 series proves this fact. But the opposite party neither sent any reply to the notice nor refunds the amount of Rs. 1500. Non delivery of the tiles after receiving advance amount amounts to deficiency in service on the part of opposite party. Since opposite party set  as exparte no other contrary evidence. Hence in the above circumstances we are of the opinion that opposite party has the liability to refund the advance amount and to compensate the complainant for mental agony.   

In the result complaint allowed. Hence we direct Opposite party to pay Rs.1,500/- (One thousand Five  hundred only) towards the advance amount received by them, Rs.1,500/- (Rupees One thousand five hundred only) towards compensation for mental agony suffered and Rs.1,000/- (Rupees One thousand only) as cost of proceedings.

Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.

Pronounced in the open court on this the 30^th  day of  January 2016.

Sd/-

                      Shiny.P.R.

                      President   

                            Sd/-

                      Suma.K.P.

                      Member

Appendix

Exhibits marked on the side of complainant

Ext.A1   - Proforma Invoice dated 22/5/2015 issued by opposite party

Ext.A2  – Copy of  Registered letter dated 26/10/15 sent by the complainant to  opposite party

Ext.A3  – Acknolwdgement card.

Cost 

Rs.1,000/-allowed as cost of the proceedings.

Forwarded/By Order,

Senior Superintendent

Fair copy on    :  05/02/2016

Despatched on :