By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to return a sum of Rs.20,000/- with 12% interest from 04.09.2013 to the complainant and to take back the cow from the complainant and to pay a sum of Rs.10,000/- towards compensation and Rs.3,000/- towards cost of the proceedings.
2. Brief of the complaint:- The complainant purchased a cow from opposite party for a sum of Rs.20,000/- on 04.09.2013. The opposite party assured 9 liters of milk per day. But the complainant obtained only 4 liters of milk per day in spite of proper maintenance. The opposite party offered the cow a pregnancy of 5 months, but on enquiry it was found not pregnant. The opposite party therefore collected more amount than that of original value and there is deficiency of service from the part of opposite party. Hence this complaint.
3. On receipt of complaint, Notice was issued to opposite party and opposite party appeared before the Forum and filed version. In the version the opposite party admitted the purchase of cow for a sum of Rs.20,000/- but denied all other material allegations. The case of the opposite party is that the complainant purchased the cow for his daughter and the cow was taken from Vakeri by walk to the complainant's daughter's house, which is 10 Km away from Vakeri. The opposite party assured 7 liters of milk from the cow and the complainant directly witnessed the quantity of milk yield before purchase.
4. On going through the complaint, version and other documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- The complainant is filed proof affidavit and examined as PW1 and documents is marked as Ext.A1. Opposite party filed proof affidavit and opposite party is examined as OPW1. The case of the complainant is that the opposite party offered 9 liters of milk and the complainant got only 4 liters of milk. The opposite party admitted that the opposite party offered 7 liters of milk from the cow. If it is true, then there is a difference of 3 liters of milk per day. The case of the complainant is that the complainant maintained the cow well but did not yield assured milk. The opposite party stated in his cross examination that the opposite party did not checked that how the complainant maintains the cow and what is the yield of milk etc.. Usually, the market value of a cow will be decided by the yield of milk and the value per liter. The prevailing value per liter is Rs.2,500/-. So taking it in average, the complainant is entitled to get the value of 2 liters of milk from the opposite party. On analysing the entire evidences, the Forum is of the opinion that the complainant is entitled to get the value of 2 liters of milk from the opposite party and that will be just and reasonable. Taking back the cow by opposite party is not practicable and advisable. The Forum found that the opposite party collected an excess amount of Rs.5,000/- from the complainant. So there is deficiency of service and unfair trade practice from the part of opposite party. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of the complainant, the complainant is entitled to get the cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.5,000/- (Rupees Five Thousand Only) to the complainant along with Rs.1,000/- (Rupees One Thousand Only) as compensation and Rs.1,000/- (Rupees One Thousand Only) as cost of the proceedings. The opposite party is directed to comply the Order within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest for the whole amount from the opposite party till payment.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of November 2014.
Date of Filing: 28.09.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Sebastian. Complainant.
Witness for the Opposite Parties:
OPW1. Saji Francis. Driver.
Exhibits for the complainant:
A1. Report of Veterinary Surgeon.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
