THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.501/2014
Dated this the 7th day of September 2015
( Present: Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, MA, LLB : Member
ORDER
By Joseph Mathew, Member:
This petition is filed under Section 12 of Consumer Protection Act. Petitioner’s case is that, he is a wholesale dealer of Allopathic Medicines. He is running the business for earning his livelihood as a means of self employment. He is having two land phone connections of the opposite party having numbers 3013440 & 3013441. This connections were taken with the purpose of making facilities for the retail sellers to book their orders over these phones. But unfortunately these two telephones were out of order for the last few months. He had made many complaints to the opposite party over other Telephones but there was no response from the opposite party. On 13.08.2014 he made complaint to their customer care centre and they have registered his complaint as complaint Nos.1408445692 & 1408446013. On 18.08.2014 he also send a complaint to their Kerala Service Manager through e.mail. But till date they have not make the telephones functioning or even responded to the complaint.
The petitioner stated that due to the defect of the telephones, the retail sellers could not book their orders over telephone and that they start purchasing the medicines from other wholesale dealers. This caused heavy financial loss and other hardships to him. The said act of the opposite party is utter carelessness and gross negligence and that amounts to deficiency in service on their part. Hence this petition is filed for directing the opposite parties to clear the defect of the telephones and made it functioning and to compensate him for the loss sustained and also for cost of these proceedings.
Notice was issued to the opposite party but they did not appear or filed any version. Hence the opposite party was set ex-parte.
Petitioner filed affidavit and Exts.A1 & A2 were marked on his side. Ext.A1 & A2 are the receipts for payment of amounts for Rs.2067/- dtd.13.06.2014 & Rs.1874/- dtd.10.07.2014 respectively towards the outstanding dues to the opposite party. The opposite party has not appeared or adduced any evidence to rebut the allegations put forth against them by the petitioner. Hence the allegations stands unchallenged. Considering the above stated facts and on perusal of the documents we are of the view that the petitioner has proved his case and the said act of the opposite party is deficiency in service on their part.
In the result the following order is passed. The opposite party is ordered to rectify the defects with the telephones and make it functioning within 7 days from the date of receipt of this order. As the petitioner has not produced any evidence to show the exact quantum of loss sustained to him, we fix Rs.10,000/-(Rupees Ten thousand only) as compensation which we feel just and proper. The opposite party has to pay Rs.1000/-(Rupees one thousand only) also as cost of the proceedings to the petitioner. They have to pay the amount’s with, within one month from the date of receipt of this order.
Dated this 7th day of September 2015.
Date of filing:30.09.2014.
SD/-PRESIDENT SD/-MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Payment receipt for Rs.2067/- dtd.13.06.14.
A2. Payment receipt for Rs.1874/- dtd.10.07.14
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
Nil
Witness examined for the opposite party:
None Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
