Kerala

Thiruvananthapuram

CC/39/2023

Chandrasekharan Thampi V - Complainant(s)

Versus

Proprietor,KK Industries - Opp.Party(s)

20 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

               SRI.P.V.JAYARAJAN           : PRESIDENT

          SMT.PREETHA G NAIR     : MEMBER

           SRI.VIJU.V.R                       : MEMBER

CC.NO.39/2023 (Filed on : 01/02/2023)

ORDER DATED : 20/02/2024

COMPLAINANT

Chandrasekharan Thampi.V

House No.223, Sivasailam,

Housing Colony, Tile Factory Road,

Kottamam, Parasuvaikkal.P.O

Pin – 695508
(Party in person)

 

OPPOSITE PARTY                                       VS

Proprietor,

K.K.Industries,

Head Office, C/265,

Vijay Chawk, Gorakhpur,

Uttar Pradesh – 273001

(Exparte)

ORDER

SMT.PREETHA.G.NAIR              : MEMBER

1. The complainant placed order with the opposite party to buy the scrubber packing machine and the connected materials for an amount of Rs.36,525/- (Rupees thirty six thousand five hundred and twenty five only) and the complainant had sent the amount to opposite party through NEFT on 01/08/2022. After receiving the amount, the opposite party had sent materials to the complainant only worth Rs.14,190/- (Rupees fourteen thousand one hundred and ninety only) and Rs.4,900/- (Rupees four thousand and nine hundred only) vide invoice number 290, 291 on 22/08/2022. The opposite party had despatched only product of Rs.19,060/- (Rupees nineteen thousand sixty only) to the complainant and thereby the opposite party misappropriated Rs.17,465/- (Rupees seventeen thousand four hundred and sixty five only) which amounts to deficiency in service and unfair trade practice. Also the opposite party has despatched to the complainant old and defective and not properly functioning materials as well. The machine having manufacturing defect and it seems to be old and used. Since the machine is not working properly that the complainant found it very difficult to carry out business and thereby lost his livelihood, hence this complaint.

2.  After accepting the notice, the opposite party was absent and hence the opposite party was set exparte on 08/09/2023. Complainant filed proof affidavit and documents. Exts.A1 to A3 marked. 

3.       Issues

1. Whether there is any deficiency in service and unfair trade practice on the side of the opposite party?
2. If so what is the relief and cost?

4. Issues 1 & 2

We perused relevant documents on records. As per Ext.A1 the opposite party had sent to the complainant BL1STER PACKING MACHINE for an amount of Rs. 14,160/- (Rupees fourteen thousand one hundred and sixty only) As per Ext.A2 the opposite party had sent to the complainant the SS wire scrubber for an amount of Rs.4,900/- (Rupees four thousand nine hundred only). Ext.A3 is the copy of pass book shows that the complainant had paid Rs.36,525/- (Rupees thirty six thousand five hundred and twenty five only)  on 01/08/2022. The opposite party being declared exparte there is no contra evidence to discredit the evidence adduced by the complainant. Hence the evidence adduced by the complainant stands unchallenged. By swearing an affidavit as PW1 and marking Exts.A1 to A3 documents, we find that the complainant has succeeded in establishing his case against the opposite party. Hence we find that there is deficiency in service on the part of the opposite party. From the evidence available before this commission, we find that the complainant has suffered mental agony and financial loss due to the deficiency in service on the part of the opposite party. The opposite party is liable to compensate the complainant for the loss sustained by the complainant.

                 In view of the above discussions, we find that this is a fit case to be allowed in favour of the complainant.

                 In the result, the complaint is allowed. The opposite party is directed to pay Rs.17,465/- (Rupees seventeen thousand four hundred and sixty five only) as the balance amount and Rs.25,000/- (Rupees twenty five thousand only) as compensation for mental agony and Rs.2500/- (Rupees two thousand and five hundred only) as the cost of the proceedings,  within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

                   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 Commission, this the 20^th day of February 2024.

                                                                                Sd/-

P.V.JAYARAJAN     : PRESIDENT

 

                                                                                     Sd/-

PREETHA .G.NAIR    : MEMBER

 

                                                                                             Sd/-

VIJU.V.R     : MEMBER

 

 Be/

APPENDIX

CC.NO.39/2023

List of witness for the complainant

PW1                      - Chandrasekharan Thampi

List of Exhibits for the complainant

Ext.A1                   - Copy of invoice of Rs.14,160/-

Ext.A2                   - Copy of invoice of Rs.4,900/-

Ext.A3                   - Copy of bank statement

List of witness for the opposite party – NIL

List of Exhibits for the opposite party - NIL

Court Exhibits                          - NIL

 

                                                                                         Sd/-

                                                                                 PRESIDENT