By Sri.P.K.Sasi, President
The case of the complainant is that he has purchased one table and four chairs from the exhibition stall of the opposite party on 22/04/16 by paying Rs. 28,000/-. The opposite party has delivered the goods purchased by the complainant in August 2016 only. On examination it was found that the middle portion of the table was broken and the legs of the table were spoiled by insects. Similarly the legs of the chairs were also badly spoiled by the attack of the insects. In total the entire product delivered to the complainant was utter sub standard than what they have booked at the exhibition stall. The illegal act of the opposite party amounts to deficiency in service as well as unfair trade practice towards the complainant. Hence a lawyer notice was issued on 14/4/17 but no relief received. Hence this complaint is filed.
2) On receiving complaint notice was served to the opposite party by means of paper publication. Since there is no representation from the opposite party they set Ex-parte and posted for complainant’s evidence.
3) From the side of complainant he has appeared before the Forum and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced 4 documents which are marked as Ext. P1 to P4. Ext. P1 is the order form dtd. 22/04/16; Ext. P2 is the copy of lawyer notice; Ext. P3 series are postal receipts and Ext. P4 is the returned lawyer notice sent by the complainant. We heard the learned counsel for the complainant in detail and perused the contents of affidavits as well as the documents produced from the side of complainant.
4) However the opposite parties are set ex-parte the burden is upon the complainant to prove his case with supporting evidences. Here the case of the complainant is that he has purchased a table and 4 chairs by paying Rs.28,000/- vide invoice No.3617 on 22/4/16 from the opposite party through their exhibition stall. Ext. P1 is an order form which is the only document produced from the side of complainant to prove his allegation regarding the purchase. We thoroughly examined Ext. P1 it is only an order form and the opposite party has collected only Rs.500/- as advance towards the cost of 4 chairs of Rs.28,000/-. There is a balance of Rs.27,500/- to be paid by the complainant. There is no proof produced from the side of complainant to show that the opposite party has delivered the product and he has paid the balance amount of Rs.27,500/- to the opposite party. The complainant has to come with clean hands before the Forum. This complaint cannot be considered as genuine complaint since, the complainant has submitted false allegations in the complaint as well as in the proof affidavit. While approaching the judicial Forum to get some dispute redressed, there should be a genuine dispute on the part of complainant. Here the complainant submitted false allegations without any legal support. Moreover, he has falsely represented a fact before the Forum. He only booked 4 chairs by paying Rs.500/-. But he has stated in the complaint that he purchased one table and 4 chairs by paying Rs.28,000/-. His own document Ext. P1 clearly shows what the complaint submitted before the Forum is utter false which cannot be entertained. That itself would go to show that the complainant had come before the Forum without clean hands.
In the result we dismiss this complaint and the complainant is directed to remit Rs. 2000/- (Rupees Two thousand only) as punitive cost to the Legal Benefit Fund of the Forum within one month on receiving copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of April 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits
Ext. P1 order form dtd. 22/04/16
Ext. P2 copy of lawyer notice
Ext. P3 series are postal receipts
Ext. P4 returned lawyer notice sent by the complainant
Id/-
President
