BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 238/2007 Filed on 15.11.2007

Dated : 31.01.2009

Complainant:

P. Rajan, S/o Ponnumuthan, Raj Nivas, Keezhekadukkarachalvila, Murugamkara, Parassala P.O, Thiruvananthapuram.

(By adv. B.R. Syam)

Opposite party:

The Proprietor, Sree Venkiteswara Industries, 64, Rangakonar Street, KATTOOR, Coimbatore-641 009.

This O.P having been heard on 16.01.2009, the Forum on 31.01.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Brief facts leading to the complaint are that the complainant is a mason by profession. For the purpose of the masonary work, the complainant had to use various kinds of tools including cement mortar mixture units, vibrators, jack pipes etc. The complainant on 20.08.2007 placed an order at Trivandrum through phone with the opposite party's manager named Shanthini for purchase of 200 sets of Jack Pipes which is used as ground support for concreting roofs and poles and also teak poles which are very expensive. The price was negotiated and fixed at Trivandrum by both parties and the contract for purchase of pipes was fixed at the rate of Rs. 175/- per set. The complainant promised to make payment at the opposite party's workshop at Coimbatore by cash as agreed. The complainant went to the opposite party's workshop at Coimbatore with his friend Varghese on 29.08.2007 and paid Rs. 35000/- in cash as demanded by the opposite party towards the cost of the 200 sets of jack pipes. The opposite party agreed that the Jack Pipes will be despatched through parcel service at Trivandrum within 15 days from the above said date. An acknowledgement of receipt of money was also made in the letter pad of the opposite party's workshop which is produced herewith. The opposite party had sent 77 pipes through Royal Tours and Travels, Aristo Junction, Thampanoor, Thiruvananthapuram. The complainant had taken delivery of the goods at Trivandrum by payment of the delivery charges. But when the parcel was opened, it was found that the items send was of inferior quality and not the type ordered and shown to the complainant when he visited the workshop of the opposite party. The unfair trade practice adopted by the trader resulted in mental shock to the complainant. The complainant immediately contacted the opposite party through telephone and lodged a protest demanding the opposite party to deliver superior quality pipes shown to him earlier. The opposite party did not respond to this request. Whenever the complainant telephoned the opposite party, either they did not give positive reply or they simply disconnected the phone. The complainant realized that the opposite party was cheating him and hence registered advocate notice was issued on 22.09.2007 calling upon the opposite party to send the remaining 123 pipes also. The notice was accepted and acknowledged by the opposite party on 26.09.2007. But there is no response till date. Hence he approached this Forum.

The opposite party remained exparte. The complainant has filed proof affidavit and produced 4 documents to support his case. The documents are marked as Exts. P1 to P4. Ext. P1 is the acknowledgement for receipt of money issued by the opposite party dated 29.08.2007 for Rs. 35000/-. Ext.P2 are the bills for delivery of goods issued by Royal Tours and Travels. Ext. P3 is the copy of lawyer's notice issued by the complainant to the opposite party dated 22.09.2007. Ext. P4 is the returned acknowledgement card signed by the opposite party and postal receipt of lawyer's notice.

In this case the opposite party accepted the notice issued by this Forum, but never turned up to contest the case. Hence the affidavit filed by the complainant stands unchallenged. We have perused the documents and evidences adduced by the complainant. Ext. P1 is the clear evidence of the transaction. In this document we can see that the complainant ordered for 200 sets of jack pipes at the rate of Rs. 175/- per set. But the opposite party had sent only 77 pipes through Royal Tours and Travels, Aristo Junction, Thiruvananthapuram. The complainant also alleges that the items send were of inferior quality and not the type ordered and shown to the complainant when he visited the opposite party's shop. This act of the opposite party amounts to unfair trade practice. The complainant through advocate notice informed the matter to the opposite party, but the opposite party did not respond and did not turn up to settle the matter. The act of the opposite party in not delivering the 123 jack pipes has subjected the complainant to a monetary loss of Rs. 21,525/- and also he has suffered mental agony and other sufferings. The complainant in this case succeeded to prove his case with his pleadings and evidences. We have no reason for not allowing the case. Hence we have concluded that there is deficiency in service and unfair trade practice from the side of opposite party and the complaint is allowed.

In the result, the opposite party is directed to pay Rs. 21,525/- to the complainant towards the cost of jack pipes not delivered and also shall pay Rs. 5000/- as compensation towards mental pain and sufferings sustained by him due to the deficient and unfair trade practice of the opposite party. This Forum also allows Rs. 1000/- as costs. Time for compliance one month, thereafter 9% annual interest shall be added to the above said amounts till the date of realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 31^st January 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 238/2007

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of acknowledgement for receipt of money issued

by the opposite party dated 29.08.2007 for Rs. 35000/-.

P2 - Copy of bills for delivery of goods issued by Royal Tours and

Travels.

P3 - Copy of lawyer's notice issued by the complainant to the

opposite party dated 22.09.2007.

P4 - Copy of returned acknowledgement card signed by the

opposite party and postal receipt of lawyer's notice.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT