DOF.2.9.2010 DOO.13.01.2011 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 13th day of January 2011 CC.NO.216/2010 Jose, Kottarathil House, Vattakkunnu, Chembanthotty.PO, 670631. Complainant (Rep. by Adv.T.Manojkumar) N.M.Sasi, Manager, Morbi Tiles Enterprises, Kiliyanthara.P.O. Vallithode 670 706. Opposite parties O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section12 of consumer protection Act for an order to directing the opposite party to refund `12815 along with compensation and cost. The case of the complainant is that he had purchased floor tiles, Tiles, Marbonate, Binding agent and tile adhesive from the opposite party. But the opposite party extracted price of the materials more than that shown as MRP on the boxes of the materials. The opposite party received `2,200 as the value of tile adhesive instead of its MRP shown as `1375 on its boxes. The complainant had purchased such nine boxes and he had paid ` 7425 more than the MRP shown in the boxes. Similarly the complainant was forced to give `990 more than that of MRP. for floor tiles, `1545 more for marbonite and `1575 for floor tiles. So the complainant was forced to give `12,455 more than that of MRP for the above purchase. The opposite party abused the complainant using filthy language at the time when the complainant questioned this act of the opposite party. Later the complainant filed a complaint before the consumer complaint cell at his place, the opposite party is not ready to return back the excess amount received by the opposite party. The act of the opposite party is amounts to unfair trade practice which caused so much of mental agony and financial loss to the complainant. So the opposite party is liable to refund the excess amount to the complainant with compensation. Hence this complaint. The opposite party has not entered appearance, even though he had acknowledged the notice issued by the Forum. So he was called absent and set exparte. The main point to be decided in this case is that whether there is any unfair trade practice on the part of opposite party. The evidence consists of the chief affidavit filed in lieu of chief examination and Ext.A1 to A9. The complainant’s case is that the opposite party had received an excess amount of `12,455 than that of MRP shown in the packets of Tiles, floor tiles, Marbonite and tile adhesive. According to the complainant, the details of purchase, price given, MRP shown in the box etc. are shown below. Materials | MRP | Price given | Quantity Purchased | Excess paid | 1.Adhesive | 1375 | 2200 | 9(box) | 825x9 7425 | 2.Tiles | 260 | 350 | 11(box) | 90x11 990 | 3.Marbonite | 650 | 680 | 51(Box)2 Ps. | 30 x51+15 1545 | 4.Floor Tiles | 150 | 185 | 45(B) | 1575 | | | | Total | 11535 |
The above calculation statement shows that the complainant has paid `11,535 more than that of MRP shown in the boxes. In order to prove this case the complainant has produced documents such as Exts.A1 to A9. i.e. Carton boxes in which the Tile adhesive, wall tiles, Marbonite and floor tiles are packed, purchase bills and statement showing details of material purchased. The affidavit filed along with the documents proved that the complainant has purchased tiles adhesive, Marbonite, tiles and floor tiles from the opposite party and paid more than that of MRP shown in boxes of materials. Ext.A6 to A8 bills proves the case of the complainant that the opposite party has received purchase price as stated by complainant as shown in the statement given above. So we are of the opinion that there is unfair trade practice on the part of the opposite party. There is no contra evidence before us. So the opposite party is liable to refund `11,535 to the complainant along with `2,000 as compensation and `500 as cost of this proceedings and order passed accordingly. In the result, complaint is allowed directing the opposite party to refund `11,530(Rupees Eleven thousand Five hundred and Thirty only) along with `2,000/-(Two thousand only) as compensation with a sum of `500/- (Rupees Five hundred only) as cost of these proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party as per the provisions of the consumer protection act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1 toA4.Wrapers and piece of carton A5 to A8.Bills issued by OP A9.Statement showing excess amount collected by OP Exhibits for the opposite party: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur.
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
