DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 30^th  day of August 2024

CC.  366/2024

Complainant

                         P.V. Abdul Sathar,

“Honest Nest”

P.O. Puthiyangadi,

Pavangad, Eranjikkal road, Near KSEB,

Calicut – 673 021.

Opposite Party

                         Mohasin Khan @ Naveeth,

S/o Aijaz Khan,

Dinar Modern Rice Mill,

V.V. Nagar, Panadvapura,

Mandya District, Karnataka – 571 434.

ORDER         

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

Seeing an advertisement in Facebook social media on 08/09/2023 published by the opposite party stating that he was selling best quality rice powder at the rate of Rs. 3,500/- per 100kg, complainant booked 100kg rice powder paying Rs. 3,500/-. But the product did not reach him, even after waiting for one month. When the complainant tried to contact the opposite party, he never answered his calls. The complainant realised that he was cheated. Though he sent a registered notice, it was refused by the opposite party. Hence the complaint claiming compensation of Rs. 8,000/-.

3. The opposite party was set ex-parte.
4. The points that arise for determination in this complaint are;

1. Whether there was any unfair trade and business practice or deficiency of service on the part of the opposite party, as alleged?

      2. Reliefs and costs.

5. PW1 was examined and Exts A1 and A2 were marked.
6. Heard.
7. Point No 1:   The complainant is alleging unfair trade and business practice and deficiency of service on the part of the opposite party. The specific allegation is that the opposite party failed to supply the rice powder despite receiving Rs. 3,500/- from the complainant towards price.  
8. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the account statement and Ext A2 is the copy of the track consignment.
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and to contest the case. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. Unfair trade and business practice and deficiency of service on the part of the opposite party stands proved. The complainant is entitled to get refund of Rs. 3,500/- paid to the opposite party. Undoubtedly, the act of the opposite party has resulted in mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately.  Considering the entire facts and circumstances, we are of the view that a sum of Rs. 4,000/- will be reasonable compensation in this case.
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.366/2024 is allowed.

b) The opposite party is hereby directed to pay a sum of Rs. 3,500/- (Rupees three thousand five hundred only) to the complainant.

c) The opposite party is hereby directed to pay a sum of Rs. 4,000/- (Rupees four thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.

d) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 3,500/- shall carry an interest of 9% per annum from the date of this order till actual payment.

e) No order as to costs.

Pronounced in open Commission on this, the 30^th day of August, 2024.

Date of Filing: 22/06/2024

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PRESIDENT                                              MEMBER                                                MEMBER                               

                     APPENDIX

Exhibits for the Complainant :

Ext A1 -  Copy of the account statement.

Ext A2 - Copy of the track consignment.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -  P.V.  Abdul Sathar   (Complainant).

Witnesses for the opposite party

NIL                         

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PRESIDENT                                              MEMBER                                                MEMBER                               

                                 True Copy,      

                                                                                                                                      Sd/-

                                                                                                                             Assistant Registrar.