BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD: THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 162/2022 Filed on 29/04/2022

ORDER DATED: 31/10/2022

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:

1. This is a complaint filed by the complainant against the opposite party alleging deficiency in service and unfair trade practice on the part of the opposite party.  After admitting the complaint notice was issued to the opposite party.  The notice issued to the opposite party returned with endorsement ‘intimation served unclaimed’.  Hence on 04/06/2022 the opposite party was called absent and set ex parte.
2. The case of the complainant in short is that he is conducting a small petty shop in front of CSI Church, Puthuveettumele for his livelihood.  During X-mas and new year season the opposite party approached the complainant and offered that his company will directly supply food products.  They assured prompt delivery also.  According to the complainant he placed order for cake, bread, mixture etc for an amount of Rs.1,425/- on 10/12/2021 and for Rs.3,170/- on 17/12/2021.  The opposite party also agreed that they are providing exchange of goods for the unsold items if it was not sold within the expiry date of that particular products.  As there was shortage in sale the complainant contacted the phone number provided by the opposite party and requested to replace the items.  Though the complainant informed the opposite party through that number on 25/12/2021, the representative of the opposite party came only on 13/01/2022.  The representative of the opposite party taken back the food products worth Rs.170/- and replaced the product worth Rs.60/- only by which Rs.110/- is due from the opposite party to the complainant.  Subsequently the representative came on 03/02/2022 and taken back the food articles worth Rs.290/- and replaced product worth Rs.310/- by collecting Rs.20/- by cash from the complainant.  Subsequent to that the none of the representative from the side of the opposite party turned up for taking back the unsold items.  When the complainant contacted through the phone numbers, land phone as well as mobile phone, the reply was that those numbers didn’t exist.  Subsequently the complainant collected phone numbers of the Manager and sales Manager of the opposite party from some other agents, and contacted them.  Even though the representatives of the opposite party promised to come over to the shop of the complainant to take back the unsold articles, they have not turned up.  As they have not kept their promise this complainant sent a letter by registered post.  Inspite of that the opposite party has not taken any steps to settle the dispute between the complainant and the opposite party.  According to the complainant the goods worth Rs.1,705/- supplied by the opposite party is with him and he is not able to sell the same as the expiry date is over.  The opposite party failed to replace the product as it was the usual practice and hence the complainant alleges deficiency in service and unfair trade practice on the part of the opposite party and approached this Commission for redressing his grievances. 

                        As submitted above, the notice issued from this Commission to the opposite party was returned with endorsement unclaimed, the opposite party was set ex parte and hence there is no written version or documents from the side of the opposite party. 

                        The evidence in this case consists of PW1 and Ext.P1 to P4 from the side of the complainant.  the opposite party being declared ex parte, there is no oral or documentary evidence from the side of the opposite party. 

                        Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice

                   on the part of the Opposite Party?

2. Whether the complainant is entitle to the relief claimed in the
3.  
4. Order as to cost?

Heard.  Perused records.  To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Ext.P1 to P4 were marked from the side of the complainant.  Ext.P1 is the registered notice issued by the complainant to the opposite party.  Ext.P2 series are the bill and estimate issued by the opposite party to the complainant.  Ext.P3 is the photograph of the unsold articles within custody within the complainant.  Ext.P4 is the schedule showing the price of the supplied by the opposite party to the complainant.  As the opposite party was declared ex parte there is no contra evidence from the side of the opposite party.  There is no material before this Commission to discredit the evidence adduced by the complainant.  Hence the evidence adduced by the complainant by filing affidavit as PW1 and marking Ext.P1 to P4 remains unchallenged.  In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant by swearing an affidavit as PW1 and by marking Ext.P1 to P4, we find that the complainant has succeeded in establishing his case against the opposite party.  In view of the above discussion and in the absence of any evidence from the side of the opposite party, we find that this is a fit case to be allowed in favour of the complainant. 

                        In the result the complaint is allowed.  The opposite party is directed to pay Rs.1,705/- (Rupees One Thousand Seven Hundred and Five Only) with 6% interest from 03/02/2022 along with Rs.5,000/- (Rupees Five Thousand Only) as compensation and Rs.2,000/- (Rupees Two Thousand Only) as cost of this proceedings to the complainant within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest @ 9% per annum from the date of order till the date of realization/remittance.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 31^st day of October,  2022.

R

C.C. No. 162/2022

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                            Sd/-

                                                                                                                  PRESIDENT