By Sri. Mohamed Ismayil.C.V, Member
1.The grievance of the complainant is as follows:-
The complainant is a practising lawyer and the opposite party is a stamp vendor under the license issued by Government of Kerala. On 24/12/2021 at 4.30 pm, the complainant had approached the office of the opposite party in Manjeri for purchasing two stamp papers worth rupees 100/- each and 5 sets of notary stamps. But the opposite party did not give the above said articles demanded by the complainant and advised to purchase those items from some other places. It is stated by the complainant that he requested the opposite party to give the stamp papers in order to prepare a divorce agreement on the very next day as following two days were holidays. But the opposite party did not provide stamp papers to the complainant. It is further stated by the complainant that he sent another person named Simil to the office of the opposite party to purchase stamp paper, but the opposite party behaved arrogantly and not even cared to sell the stamp papers. It is stated by the opposite party that she was not willing to sell the stamp papers to the complainant. It is contended by the complainant that the opposite party is doing stamp paper business after availing license from the State Government. According to the complainant, the opposite party violated the terms of the license. It is further stated that the complainant could not prepare divorce agreement due to the hurdles created by the opposite party. The act of the opposite party is deficiency in service and due to the act of the opposite party; the complainant had lost Rs. 10,000/- (Rupees Ten thousand only) as he could not prepare divorce agreement as demanded by his clients by using stamp papers. The complainant has approached the Commission to get a direction to the opposite party to pay Rs. 10,000/- to the complainant as the financial loss sustained due to the non availability of stamp papers to execute divorce agreement for his clients. The complainant also claimed Rs. 50,000/- from the opposite party as compensation for the sufferings of the mental agony and hardship due to the deficiency in service of the opposite party. The complainant claimed another Rs. 50,000/- from the opposite party as compensation for the inconvenience caused to him by the act of the opposite party.
2. The complaint was admitted and notice issued to the opposite party. The opposite party appeared before the Commission and filed version.
3. The opposite party denied all allegations levelled against her and contended that the complainant was not a consumer as per the Consumer Protection Act. According to the opposite party no transaction was taken place as stated in the complaint. The opposite party alleged that the complaint is filed to harass the opposite party and with ulterior motive. The opposite party has stated that on 24/12/2021 the complainant approached her to borrow some stamp papers and notary stamps. But the opposite party demanded to make payment in cash and sent back the complainant with empty hands. At the same time the complainant threatened the opposite party that he will teach her a lesson. The opposite party stated that she never refused to sell the stamp papers and notary stamps to the complainant. According to the opposite party, she is earnings money as commission from the sale of stamp papers and notary stamps. It is alleged by the opposite party that once the complainant had created trouble with another stamp vendor named K. Velayudhankutty by trying to borrow stamp papers. It is denied by the opposite party that the complainant had sent one Simil to purchase stamp papers from the opposite party. According to the opposite party no such incident has taken place. The opposite party did not commit any kind of deficiency in service towards the complainant. The complainant did not face financial loss due to the act of the opposite party. The complainant is not entitled for any compensation as claimed in the complaint. So the opposite party prayed for dismissal of the complaint.
4. The complainant and the opposite party filed affidavits. The complainant had produced one document as part of his evidence and same is marked as Ext. A1 document. Ext. A1 document is the copy of divorce agreement prepared for the client of the complainant.
5. The Commission heard both sides and gone through affidavits and document availed for the evaluation of evidence. The following points are considered by the Commission for the adjudication:-
- Whether the opposite party has committed deficiency in service?
- Relief and cost.
6. Point No.1 and 2:-
The complainant stated that he had approached the opposite party for purchasing stamp papers and notary stamps in connection with execution of a divorce agreement prepared for his client.But the opposite party not sold the required articles to the complainant.According to the complainant, he went to the office of the opposite party for purchasing stamp papers and notary stamps at 4.30 pm on 24/12/2021 for executing a divorce agreement on the very next day.The complainant produced copy of divorce agreement before the Commission and same is marked as Ext. A1 document.But the opposite party denied the allegation of the complainant that she had sent back him by not selling those articles.It is further stated that the following days were holidays and no chance for the availability of stamp paper and notary stamp papers on holidays. It is also stated that he made another attempt through one Mr. Simil to stamp papers from the opposite party, but incident of denial was repeated on the sole reason that it was only for the purposeof the complainant .
7. But the opposite party denied the contentions of the complainant and at the same time raised serious allegations against the complainant. It is categorically stated by the opposite party that the complainant had approached the opposite party for borrowing stamp papers and notary stamps without making any payment in cash. The very case of the opposite party is that she is earning money from the sale of stamps and notary stamps and so there is no scope for lending of those articles to anybody.
8. When going through evidence available on record, it can be find that the allegation of act of non selling of stamp paper and notary stamps by the opposite party is not proved by the complainant. According to the complainant, he had approached the opposite party for purchasing stamp papers and notary stamps in order to execute a divorce agreement as per Ext. A1 document. But the complainant did not produce any evidence on the aspect of divorce agreement and his failure to execute divorce agreement due to non availability of stamp papers and notary stamps from the opposite party. Moreover there was no evidence available from the parties mentioned in Ext. A1 document. According to the complainant, the incident happened at 4.30 pm on 24/12/2021. It is alleged by the complainant that the opposite party had avoided the complainant by saying closing time of the business. It is further stated that the opposite party conducted business even after the alleged incident. But no evidence is brought before the Commission to show that how long the opposite party continued her business after 4.30 pm. The Commission cannot ignore the right of the opposite party to close her business prior to the prescribed time due to any personal needs, if any. Moreover the complainant did not contend that the opposite party was the only vendor of stamp papers and notary stamps available in the locality.
9. The complainant also failed to establish the exact quantum loss of money due to the alleged act of opposite party. There is no evidence available before the Commission to show that execution of divorce agreement was not taken place due to non availability of stamp papers and notary stamps. So in this juncture, the Commission find that the complaint is deficient of merit and hence it is dismissed.
Dated this 22nd day of June, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Document is the copy of divorce agreement prepared for the client of the
complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
