O R D E R
Sri. George Baby (President):
Shri.Jojo Varghese has filed this complaint before the Commission U/S 12 of the Consumer Protection Act 1986 with request to getting relief from the opposite party.
The case of the complainant is as follows:-
2. The complainant is the proprietary of an exporting company functioning in the name and style of Wayanad exports, Kozhancherry, who fled this complaint before this commission through her manager one JojoVarghese. It is averred that she is conducting the business of export of vegetables, fruits and bakery foods towards Australia, Germany, America etc, and she is getting orders for foods products from the various firms working in the above Countries. And she further claimed that the above business is the sole lively hood of herself. The opposite party is conducting business in the name and style of SBS foods at Ernakulam District. In the complaint, the complainant alleged that on 12/6/2018 she ordered processed Coconut pieces for the purpose of her business for a total amount of Rs.100000/- from the opposite party. It is averred that for the above order she paid an advance amount of Rs.100000/- towards the bank advance of the opposite party from her account on 4/6/2018.
3. After giving the above order for purchase she collected orders for processed coconut piece from the buyers of West Germany, U.S.A etc. The allegations of the complainant is that after accepting the above advance amount for supplying processed coconut pieces, the opposite party failed to supply the same, thereby she could not supply her orders to the buyers. Hence she sustained a monitory loss ofRs.2,00,000/- and damaged her goodwill and also lost further orders from her buyers. In the complaint it is further alleged that the complainant contacted several occasions the opposite party to settle the disputes but that was in vain. So she issued an advocate notice on 3/6/2019 to the opposite party but the opposite party failed to give any reply. On 15/7/2019, and several occasions thereafter, she contacted the opposite party for an amicable settlement, and lastly on 9/12/2019 a representative of the opposite party assured the complainant that the opposite party shall indemnify the damaged sustained to the complainant. But that assurance also was not materialize. Hence the complaint is filed before this commission.
4. Notices were issued to opposite party. The opposite party not turned up before the commission and did not file any version. . Due to the non-appearance of the opposite party, he was set ex-parte on 12/1/2021.
5. Considering the contentions raised by the complainant, this commission raised the following issues for consideration.
- Whether there is any negligence or deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to get any compensation as prayed for?
- Relief and Cost.
6. Issue No: 1 to 3:- On behalf of the complainant one Deepak Thomas authorized agent of complainant’s Company filed proof affidavit in support of the complaint and produced documents in evidence and that were marked as Exhibit A1 to A5. Exhibit A2 is a certificate issued by branch manager State bank of India Chettimukku Branch on 5/2/2021 certifying that Rs.1,00,000/- was transferred from complainant’s firm to the account of opposite party. In the complaint Rs.2,00,000/- is sought for compensation for deficiency in service and unfair trade practice committed by the opposite party and a compensation of s.5,00,000/- is also sought to be granted as compensation for business loss due to the act of opposite party. But complainant failed to produce to substantiate the damages by adducing any documentary evidence. In the absence of sufficient evidence such prayer cannot be allowed. Since there is deficiency in service and negligent on the part of the opposite party by way of purposeful denial of supplying processed coconut pieces, to the complainant.The commission finds that for mental agony sustained to the complainant due to the alleged acts of the opposite party, a compensation of Rs. 25,000/- would suffice.
7. The opposite party did not appear before the commission even after he received the notice and he did not file any version, hence allegations made against the opposite party are remaining unrebutted. Since there is deficiency in service and negligent on the part of the opposite party by way of purposeful denial of supplying processed coconut pieces, to the complainant.Considering the whole aspects of this case, we are fully convinced that the allegation put forward by the complainant against the opposite party is highly genuine. So the complaint is to be allowed.
8. The result, for the ends of justice for the gross negligence and deficiency in service committed by the opposite party is directed to return the amount of Rs.1,00,000/- (Rupees One Lakhs only) to the complainant, that the above amount is received by him from the complainant as advance and to pay of Rs.25,000/-(Rupees Twenty five Thousand only) as compensation for mental agony caused to the complainant by the act of the opposite party. We further direct the opposite party to pay an amount of Rs.2,000/- (Rupees Two Thousand only) to the complainant as the cost of this proceedings . We direct the opposite party to comply the above order within 30 days from the date of receipt of this order.
Complaint allowed
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 09th day of July,2021.
(Sd/-)
Sri. George Baby
(President)/-)
Smt. N. Shajitha Beevi(Member-I) :(Sd/-)
Sri.NishadThankappan (Member-II) :(Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Deepak Thomas
Exhibits marked on the side of the complainant:
A1: Authorization letter dated: 28/12/2020.
A2: Certificate issued by branch manager State bank of India Chettimukku Branch dated:
05/02/202.
A3: Notice with registered A/D dated: 03/06/2019.
A4 &A5: Acknowledgment card and postal receipt.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Jojo Varghese,
The Manager,Wayanad Exports,
Pulimoottil Buildings,Kozhencherry.
(2) Santhosh,
SDS Food,31/349 KonamthayiAmbalam Road,
Athumukku, Changampuzha Nagar P.O,Ernakulam.
(3) The Stock File.
