BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SHRI. P. SUDHIR : PRESIDENT
SMT. SATHI. R : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C.No: 17/2015 Filed on 16/01/2015
Dated: 22..06..2016
Complainant:
G. Sadasivan Nair, S/o K. Govinda Pillai, Govinda Vilasom, Nilama, Nemom, Ookkodu-P.O., Thiruvananthapuram. Represented by General Secretary, Jilla Upabhokthru Samithi, Reg.No.893/89, North Nada, Fort-P.O., Thiruvananthapuram.
(By Adv. V. Jyothi)
Opposite party:
Santhosh, S.N Vegetables, Near Veera Lekshmana Textiles, Neyyattinkara Jn., Neyyattinkara.
This C.C having been heard on 13..05..2016, the Forum on 22..06..2016 delivered the following:
ORDER
SMT. LIJU B. NAIR, MEMBER:
Complainant is one Mr. G. Sadasivan Nair, represented by General Secretary, Thiruvananthapuram Jilla Upabhokthru Samithi and Mr.Santhosh, S.N Vegetables, Near Veeralekshmana Textiles, Neyyattinkara is the sole opposite party in this complaint. Complaint is as follows: Opposite party is running a fruit stall near Neyyattinkara Bus Stand. For some religious rituals the original complainant herein, ordered 11 plantains (8 rasakadali, 3 palayankoden and 1 padathi) with the opposite party. He agreed to deliver the same on 28/02/2014 by afternoon. It was agreed orally to pay the price on the date of purchase, of the plantains.
2. On 28/02/2014, 8 rasakadali plantains weighing 140kg., in which 20 kg was lessed and weight fixed as 120kg and priced as Rs. 50 / kg for an amount of Rs.6,000/- 3 palayankodan plantains 48kg for Rs.28/kg, for an amount of Rs.1,344/- and one padatti plantains 15kg for Rs.30/kg for an amount of Rs.450/- was given to the complainant. The total consideration of Rs. 7,794/- was reduced to Rs. 7,700/- and the complainant paid the amount and the opposite party issued a scrap of paper citing the date and rate. When the plantains were delivered to the complainant it was in the raw stage.“ഉറയില്നിനന് എടുത്തതാണ്. രണ്ട് മണിക്കൂര് കഴിയുംപോള് പഴകുലയായി മാറും”. This was what the opposite party told the complainant when asked about it. These plantains were used to decorate the ‘Pandals’ and neither any of the plantains changed its colour even by 3AM early morning next day. Since this was treated as a illomen, complainant was forced to purchase some other plantains from Manacaud Market by early morning. There he was astonished to find out that there is considerable price difference for the same item. Realizing these facts he issued notice to opposite party claiming refund and compensation. But nothing happened. So he approached this Forum claiming refund and compensation for the mental agony suffered to him.
3. Opposite party failed to appear before this Forum and so he was set exparte.
4. Issues:
(i) Whether deficiency is made out from the side of the opposite party?
(ii) If so, reliefs and costs?
5. Issues (i) & (ii): Complainant filed affidavit along with 3 documents which were marked as Exts. P1 to P3. Perused the documents and heard the complainant. Complainant is challenging pricing of the commodity. Since pricing will not come under the purview of Consumer Protection Act, we are not in a position to order a relief on that point. But there remaining the question of unfair trade practice and deficiency in service for which we have jurisdiction. Here, the complainant ordered the plantains for performing a religious ritual. Anything going against the belief will be treated as an illomen. Here the plantains supplied by the opposite party remains raw even on the next day and fearing illomen, complainant was forced to purchase again for performing the rituals. That too he had to travel in the early morning to procure the same. The mental agony suffered by the complainant at this juncture is taken into account. There is nothing in front of us to contradict the allegations against the opposite party. So we are going with the complaint. Complainant is eligible for compensation for the mental agony suffered by him which we fix as Rs. 10,000/- considering the facts of the case, we are not ordering any costs.
In the result, complaint is allowed. Opposite party is directed to pay the complainant Rs.10,000/- within a month of receipt of this order, failing which complainant can realize 9% interest for the amount till the date of realization, from the date of default. No order on costs.
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 Forum, this the 22nd Day of June, 2016.
Sd/- LIJU B. NAIR : MEMBER
Sd/-P. SUDHIR : PRESIDENT
Ad. Sd/-R. SATHI : MEMBER
C.C.No: 17/2015
APPENDIX
I. Complainant’s witness : N I L
II. Complainant’s documents:
P1 : Cash receipt on 28/2/2014
P2 : Copy of the letter of Jilla Upabhokthru Samithi dated 07/03/2014
P3 : Speed post receipt dated 08/03/2014
P4 : Receipt of the cash bill dated 28/02/2014
III. Opposite party’s witness : N I L
IV. Opposite party’s documents : N I L
Sd/-PRESIDENT
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