DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 26th day of July 2019
Present: Smt.Shiny.P.R, President
: Sri. V.P.Anantha Narayanan, Member Date of Filing: 05/11/2018
(CC.No.140/2018)
Narayanankutty Manghat,
Pankaj,
Pattanchery,
Pin- 678 532. - Complainant
(By Party in Person only)
Vs
1. Ravanth Kumar,
26-C, Jayasimapuram,
Papanayakapalayam,
Coimbatore, Tamil Nadu – 641 037. - Opposite parties
2. Parameswari Industries,
26-C, Jayasimapuram,
Papanayakapalayam,
Coimbatore,Tamil Nadu – 641 037.
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complaint.
On 1st October, 2018 the complainant ordered a G.I. stand for holding the tilting wet grinder under the brand name Lakshmi Grinders. Complainant had remitted Rs.500/- towards the cost and freight charges through net banking of State Bank of India, Keralassery Branch. Opposite parties offered that the product will be supplied on 2nd October, 2018. On 2nd October complainant contacted opposite parties for the product they said due to heavy rain they could not dispatch the item. Complainant submitted that till the date of filing complaint opposite parties neither delivered the product nor refund the money remitted by the complainant nor responded to complainant’s telephone calls and whatsapp messages. Complainant further submitted that the above acts of opposite parties amount to deficiency in service which caused severe mental agony and financial loss. Hence the complaint. Complainant prays for an order directing opposite parties to pay an amount of Rs.500/- along with Rs.10,000/- as compensation for mental agony, deficiency in service and cost of proceedings.
Complaint was admitted and notices were issued to opposite parties. Both opposite parties did not appear before the Forum. Hence name called absent set ex-parte.
Complainant filed chief affidavit along with documents. Documents were marked as Exts.A1 to A5.
The following issues are taken into consideration
- Whether there is deficiency in service on the part of opposite parties?
- If so, what is the relief?
Issues 1&2
Heard. We have perused the documents filed by the complainant. On going through the documents filed by complainant it is seen that complainant has remitted Rs.500/- to the opposite parties for G.I. stand for holding the tilting wet grinder. As the opposite parties remained ex-parte, the evidence tendered by the complainant stands unchallenged.
In the result the complaint is allowed. Opposite parties are jointly and severally directed to refund the amount of Rs.500/-(Rupees Five Hundred only) to the complainant along with compensation and cost of Rs.2,000/-(Rupees Two Thousand only) within one month from the date of this order. If the opposite parties are not comply the above order within one month from the date of receipt of this order, complainant is entitled to get 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 26th day of July 2019.
Sd/-
Shiny.P.R.
President
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant. Ext.A1 – Copy of account statement from SBI indicating the amount transferred to the
Opposite party.
Ext.A2 – Copy of email correspondence with opposite party dated Nov. 1, 2018.
Ext.A3 – Copy of email correspondence with opposite party dated Nov.1, 2018.
Ext.A4 – Copy of Indiamart’s email correspondence regarding black listing the opposite
party.
Ext.A5- Copy of Indiamart’s email regarding closure of the complaint.
Exhibits marked on the side of complainant
NIL
Witness examined on the side of complainant
NIL
Witness examined on the side of opposite parties
NIL
Cost: Rs.2,000/-
