D.O.F. 03.07.2013
D.O.O. 11.12.2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan : President
Smt.Sona Jayaraman K : Member
Sri.Babu Sebastian : Member
Dated this the 11th day of December, 2013.
CC.193/2013
M.P.Mathew,
Manaykkathottathil House,
Poyyamala, : Complainant
P.O.Chettiyamparamba
Kelakam 670 674.
P.Ramachandran,
S/o.Ayyappan Ezhuthachan, : Opposite party
Kazhani, Nadakkavu Kavasseri,
Palakkad.
O R D E R
Smt.Sona Jayaraman K., Member
This is a complaint filed under section 12 of consumer protection Act for an order directing the opposite party to return `1,950 along with compensation of `75,000 towards the loss and mental agony.
The case of the complainant in brief is as follows: The complainant met the opposite party from a stall in the flower show which was conducted from Kelakam. As per the representation made by the opposite party the complainant gave an amount of `200 as advance and booked for the chappathi maker with dough maker. After two months the opposite party delivered the article in the house of complainant’s friend Pathrose. The balance amount was given to the staff of opposite party by the friend of complainant when the complainant opened the cover containing the chappathi maker a part of it was seen broken. So the complainant informed this matter to the opposite party. Although they agreed to replace the same nothing had been done by them. So this complaint is filed to return back `1950 ie. the price of chappathi maker with dough maker and for an amount of `75000 as compensation towards mental agony.
On receiving the complaint Forum sent notice to the opposite party. But the opposite party refused to accept the notice and notice was returned as ‘unclaimed’. The opposite party has not appeared before the Forum and hence he was called absent and set exparte. Thereafter exparte evidence was taken.
The important point to be decided is whether there is any deficiency in service on the part of the opposite party. The evidence in this case consists of the chief affidavit filed by the complainant in lieu of his chief examination as PW1 and oral evidence of Pathrose, the friend of complainant who was concerned as PW2 and Ext.A1 document.
Complainant filed chief affidavit in tune with the pleadings in the complaint. As per the contention he has given advance amount of `200 for a chapathi maker with dough maker to the opposite party. Ext.A1 clearly shows that fact. The oral evidence of PW2 is also in tune with the evidence of PW1. It was admitted by PW2 that the sealed cover containing the article was opened in his presence by the complainant. Then only they came to know that the part of chappathi maker is broken. The chappathi maker was produced before this Forum and the Forum has taken notice of fact that the part of chappathi maker was seen broken. According to the complainant opposite party has agreed to replace the chappathi maker, but later on he refused to contact the complainant and he has not replaced the chappathi maker. So it shows that there is deficiency in service on the part of opposite party. As it is clear that there is deficiency in service on the part of opposite party; the complainant is entitled to get the remedy. The demand of the complainant is to refund the price of chappathi maker with dough macker i.e. `1950. As the opposite party has not replaced the chappathi maker with dough maker he is liable to refund the price of the the chappathi maker. Although Ext.A1 shows the payment of `200 only, the oral evidence adduced by PWs 1 & 2 show that the balance amount of `1,750 was paid by PW2 as per the demand of opposite party’s staff. So the opposite party is liable to refund `1,950 as the price of chappathi maker with dough maker to the complainant. Moreover the act of the opposite party caused mental agony and hardship to complainant. So the opposite party is liable to pay an amount of `500 towards compensation along with ` 1,000 as cost of these proceedings to the complainant.
In the result, the complaint is allowed directing opposite party to refund `1,950 (Rupees One Thousand Nine Hundred and fifty only) with an amount of `500 (Rupees Five Hundred only) as compensation and `1,000 (Rupees One Thousand only) as cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the opposite party is liable to pay interest @ 9% from the date of this order till payment and complainant is also entitled to execute the order against the opposite party after the expiry of one month as per the provisions of consumer protection Act. After complying the order the opposite party is at liberty to take back the chappathi maker with dough maker from the complainant.
Dated this the 11th day of December, 2013.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the complainant
A1. Receipt issued by OP (order form).
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1.Chief Affidavit
PW2. Pathrose
Witness examined for the opposite party
Nil
/forwarded by order/
Senior Superintendent
