By. Sri. K. Gheevarghese, President :-
The complaint filed under section 12 of the Consumer Protection Act 1986.
The complaint in brief is as follows:- The Complainant is the President of the Malankara Nellulpadaka Padasekara Samithi which includes 130 farmers and having an extent of 125 acres. The Samithi resolved to purchase a power triller immediately and the 1st Opposite Party was contacted. Basing on the assurance of the 1st Opposite Party the Complainant gave Rs.1,28,101/- on 6.8.2009. At the time of giving money, the assurance of the 1st Opposite Party was that power tiller would be delivered within one month. The Opposite Party had not given the Power Tiller to the Complainant. The assurance given was disregarded, the member farmers could not do the farm work and paddy cultivation in time. The booking of the Power Tiller was in expectation of paddy cultivation in the ensuing season. The evasion of the responsibility on the part of the Opposite Parties resulted heavy loss to the Complainant and member farmers. The Complainant contacted the Opposite Party but it was not responded positively. There may be an order directing the Opposite party to give the complainant compensation of Rs.50,000/- for the non delivery of the Power Tiller in time along with delivery of the Power Tiller immediately.
2. The Opposite Party filed version. The amount Rs.1,28,101/- deposited by the Complainant for the purchase of the Power Tiller is admitted. The offer as alleged by the Complainant on the delivery of vehicle on or before 6.8.2009 is not admitted. The Power Tiller was allotted on 04.8.2009. The Complainant was sent letters on 07.8.2009, 10.9.2009 and 7.10.2009 to inform the Complainant that the power tiller was ready for delivery. There is no latches on the part of the Opposite Party in delivery of the Power Tiller. The complaint filed is frivolous no deficiency in service on the part of the Opposite Party and it is to be dismissed with cost.
3. The points in consideration are:- Is there any deficiency in service on the part of the Opposite Parties? Relief and cost.
4. Points No. 1 and 2:- The evidence in this case consists of documents Exts. A1 to A5 and oral testimony of PW1 and PW2. The Opposite Parties documents consists of Exts. B1 to B4.
5. The booking of the vehicle admittedly was on 06.08.2009. According to the Complainant for an immediate purchase of a Power Tiller the entire amount was deposited. The paddy field of the members is a flood effecting area. The pressure of the circumstances and climatic variations compelled the Complainant to deposit the entire amount for an urgent purchase of a Power Tiller. The Opposite Parties contention is that the delivery of the Power Tiller was not because of the lack of communication and information of their side. Exts.B2, B3 and B4 are the letter produced addressed to the President, Malankara Nellulpadaka Padasekhara Samithi dated 07.8.2009, 07.10.2009 and 10.9.2009 respectively. The inferences can be drawn out from these exhibits that the Power Tiller was in the custody of the Opposite Party even before 07.08.2009. The delivery of the Power Tiller was after filing version by the Opposite Party and upon direction of this Forum. The Opposite Party has not brought out in evidence any documents to show that the earnest effort was taken was on their side to communicate the information to the Complainant. The Power Tiller was in the Opposite Party's custody near about 5 months when it was ready for delivery and the non delivery of Power Tiller to the Complainant who represents the farmers of 130 in number cannot be seen lightly in the absence of any reason.. There is clear deficiency in service on the part of the Opposite Parties and it is to be compensated.
In the result, the complaint is partly allowed. The Opposite Parties are directed to give compensation of Rs.5,000/- (Rupees Five Thousand only) to the Complainant along with cost of Rs.1,000/- (Rupees One thousand only) within one month from the date of receiving this order. Pronounced in open Forum on this the day of 30th January 2010. PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
A P P E N D I X Witnesses for the Complainant: PW1. P.A. Thomas. Complainant. PW2. Sajeevan. Agriculture. Witnesses for the Opposite Parties: Nil. Exhibits for the Complainant: A1. Receipt. dt:06.07.2009. A2. Copy of Application. dt:03.11.2009. A3. Copy of Minutes. dt:04.07.2009. A4. Copy of Minutes. dt:09.08.2009. A5. Copy of Minutes. dt:23.09.2009. Exhibits for the Opposite Parties: B1. Copy of Proforma Invoice. dt:07.11.2008. B2. Copy of Letter. dt:07.08.2009. B3. Copy of Letter. dt:07.10.2009. B4. Copy of Letter. dt:10.09.2009. | 
