DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD

Dated this the  22^nd  day of  August, 2022

Present  :  Sri.Vinay Menon V., President        

             :   Smt.Vidya A., Member

             :   Sri. Krishnankutty N.K.,Member

Date of filing:   30 /09/2020.

                                           CC/119/2020

    P.K.Das Institution of Medical Science,      -         Complainant           

   Vaniyamkulam, Ottappalam,  

   Rep.by its General Manager (Operations),

   Seby Poulose, S/o. K.A.Poulose,

   Residing at Kalapurakkal House,

   Koratty (PO),Thrissur-680 308.

   (By Advs.K.Sujith kumar & P.Rajesh)   

                                                                   Vs

   1.Sajan  C  Vasudev,                       

      Proprietor, M/s. Sun Power Technologies,

      Sun House, 44/883,LFRA-30,

      Advocate Janardhanakurupp Road,

      Pottakuzhy, Kaloor, Cochin-17.

2.   Sun Power Technologies,                      -             Opposite Parties

      Sun House, 44/883,LFRA-30,

      Advocate Janardhanakurupp Road,

      Pottakuzhy, Kaloor, Cochin-17.

      (Ex-parte)

                                                 O R D E R

By Sri. Krishnankutty N.K.,Member

Pleadings of the complainant in brief.

1.           The complainant entered into an agreement with the opposite party for purchase of 30 -12V, 65 AH Exide SMF batteries for an amount of Rs.157500/-  Accordingly purchase order was issued to the opposite party on 21.05.2019.  Since the opposite parties were well known to the complainant and had made lot of transactions in the past, the entire amount of Rs.157500/- was paid as advance payment in two instalments ie, Rs.78750/- on 31.05.2019 and Rs.78750/- on 05.08.2019.

2.            Since the opposite parties failed to supply the items as per the purchase order dated 21.05.2019, the finance department of the complainant institution sent an E mail on 27.05.2020 indicating the non delivery of the items as promised.  On 29.05.2020, the opposite party, by way of E mail informed that the batteries  ordered by the complainant is not available in the market and hence were ready to refund the amount.  Since the refund was not forthcoming, a lawyer notice was issued to the opposite party 1 on 04.07.2020 demanding an amount of Rs.131250/- (after adjusting  previous transactions) with 12% interest within 7 days.  Though the notice was received by the opposite party on 07.07.2020, no reply was sent nor the refund made.

3.          Hence the complainant approached this Commission with the following prayers.

   (a)   For an amount of Rs.131250/- with interest at the rate of

          12% per annum from 05.08.2019 onwards.

  (b)   For grant  of exemplary damages amounting to  Rs.50,000/- towards

          inconvenience and mental strain under gone by the complainant.

  (c)  To provide adequate cost to the complainant.

 4.        Notices were issued to the opposite parties.  Though notices were received by the opposite parties, they never entered appearance.  Hence they were set ex parte.  

5.       Proof affidavit was filed by the complainant on 21.04.2022 and Exhibits A1 to A4 were marked as evidence.

6.   The complainant has proved that he has a prima facie case by way of marking of documents. In the result, the complaint is allowed and following are ordered.

   (a)    The opposite parties are ordered  to repay the amount of Rs.131250/-

             along with interest @ 12%  from  05.08.2019 till the date of

            repayment.

   (b)   The opposite parties are ordered  to pay Rs.50,000/-  towards the compensation for mental agony & other inconveniences  caused to the complainant.

      (c)     Rs. 5000/-  (Five thousand) towards cost.

            The above amounts are be paid within 45 days of receipt of this order, failing which the opposite party is liable to give Rs.250/- as solatium  per month or part thereof till the date of payment.

   Pronounced in the open court on this the 22^nd day of August, 2022

                                                                                            Sd/-

                                                                                     Vinay Menon V

                                          President

                                                                                             Sd/-

                                                                                          Vidya A

                                            Member

                                                                                            Sd/-

                                                                                  Krishnankutty N.K

                                                                                            Member

Appendix

Exhibits marked on the side of complainant

Ext. A1–Purchase order issued by the complainant to the opposite party.

Ext. A2–Legal notice  dated 04.07.2020 issued by Adv. Smt. Chithra C. Legal

             Associate of Nehru Group of Institution.

Ext. A3– Postal Acknowledgement dated 04.07.2020 signed by the opposite party.

Ext. A4–Abstract of the minutes  of the meeting of Board of trustees of Nehru College of

            Education and Charitable Trust dated 15.05.2020.

Exhibits marked on the side of Opposite parties

Nil

Witness examined from complainant’s side:- NIL

Witness examined from opposite party’s side:- NIL

Cost: 5000/-