JUDGEMENT AND ORDER
03th October, 2016
This is to dispose of the consumer complaint case filed by the complainant namely Khangembam Sonia Devi against the opposite party U/S 12 of the Consumer Protection Act 1986 claiming for compensation for the deficiency of service.
The brief facts leading to this case is that the complainant being a consumer order 50 bags of TOPCEM Cement and 100 bags of Star Cement, Sonapur Assam Brand to the opposite party on 31/10/2015 at a sum of RS.36,000/- was also paid to the opposite party as advance money.On 05/11/2015 the opposite party delivered 50 bags of TOPCEM Cement to the complainant and the complainant further order 100 bags of Star Cement Sonapur, Assam Brand and the price of the cement is Rs.42o/- per kg.On the same day the complainant paid full amount of Rs.42,000/- for 100 bags.On 08/11/2015 at about 6.30p.m. the opposite party delivered 100 bags of Star cement Meghalaya Brand.Immediatly, the complaint made a complaint to the opposite party stating that the 100 bags of cement which the opposite party delivered is not the Sonapur Assam Brand which the complaint ordered, it is Meghalaya Brand as well as all the cement bags are also under weight. That the complainant is in urgent need for her roof construction used the said Cement as the complainants have no alternative way to wait for a long time.
On the other hand, the opposite party contested the case thereby filling his written statement wherein he admits that he delivered 100 bags of Star Cement Meghalaya Brand further the opposite party also accepted the proposal made by the complainant to refixed the price at the rate of Rs. 395/- per bags.
To bring a conclusion, the complainant produced and examined the complainant herself as to prove her claim whereas the opposite party never adduce nor examined any D.W.
The complainant namely Khangembam Sonia Devi as P.W.No.1 filed her examination in chief on sworn affidavit wherein she depose the same version as averred in her complaint petition.She was cross-examined by the defence counsel also.
From the plain reading of the written statement of the opposite party we came to know that the complainant ordered the star cement of sonapur Assam Brand but the opposite party delivered the star cement , Meghalaya Brand against the choice of the complainant.Further we came to know that the opposite party knowingly delivered the said under weight star cement of Meghalaya Brand to the complainant as submitted by the opposite party in his written statement.The statement of the opposite party is reproduce that “it is beg to submit that the complainant bought the cement bags with her own choice and acceptance knowing it is star cement of Meghalaya Brand and it is under weight”.It is an offence of unfair trade practice.As such the complainant suffered loss and injury.
In the result, the opposite party is liable to pay a sum of Rs.2500/- being the additional cost amount of 100 bags(Rs.420-Rs.395 =Rs.25X100=Rs.2,500/-) Plus Rs.10,000/- as compensation Plus Rs.5,000/- for litigation.The total amount is Rs.17,500/- is to be paid by the opposite party to the complainant within three weeks from the date of order.
The complaint case is accordingly disposed.
Announced
