Kerala

Idukki

CC/46/2022

Babu Kuriakose - Complainant(s)

Versus

Shaji George A - Opp.Party(s)

09 May 2023

ORDER

DATE OF FILING : 03/03/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 9^th day of May 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.46/2022

Between

Complainant                            :   Babu Kuriakose,

                                                     Olikunnel House, Memadangu P.O.,

                                                     Aarakuzha, Muvattupuzha

                                                          (By Adv.Shiji Joseph)

                                                           And

Opposite Party                         :   Shaji George A.,

                                                     Arimboor House,

                                                     Chevoor P.O., Trichur,

                                                     Kerala Pin – 680 001.

                                                             

O R D E R

SMT.ASAMOL P., MEMBER

 

This complaint is filed under S.35 of Consumer Protection Act, 2019 raising the following allegations against opposite party.

 

1 . Complainant had booked Settee 3+2 and dining table with its chairs etc for his personal use in opposite party’s institution on 16/09/2019 after paying an amount of Rs.10,000/-.  Thereafter, on 10/03/2020, he had paid Rs.20,000/- through NEFT and also he had paid Rs.20,000/- on 04/06/2020.

 

2 . It was agreed by opposite party that these ordered items would be delivered on or before June 2020.  However, till the date, opposite party didn’t supply these furnitures.

(Cont.....2)

-2-

3 . Thus, complainant has made a complaint to Circle Inspector of Police, Thodupuzha on 03/12/2020.  But, police has refused to proceed with it as it is of a civil nature. 

 

4 . Non-delivery of furniture in spite of receipt of payment is deficiency in service.  Complainant has ordered this furniture for house warming of his new house.  This had caused considerable pain and mental agony to complainant.  Hence he has prays the following reliefs.

 

1.    Opposite party may be ordered to refund Rs.50,000/- with 12% interest from the reflective date of payments to till the realization.
2. Opposite party may be ordered to pay Rs.25,000/- as compensation and Rs.10,000/- as cost of litigation.

 

Notice was served to opposite party from this Commission.  But opposite party has neither appeared nor filed written version.  Thereafter, this case was posted for complainant’s evidence.  Complainant has filed proof affidavit and 4 documents.  Ext.P1 to Ext.P4 were marked.  Heard the counsel for complainant.  Thereafter, it was taken for orders.  Now the points which arise for consideration are:-

 

1. Whether there is any deficiency in service on the part of opposite party?

 (Cont.....3)

 

-3-

(b)  If so, what reliefs the complainant is entitled to?

Points are considered together

We have perused the proof affidavit and evidence on record.  It is proved as per Ext.P1 and P2 that complainant has paid Rs.40,000/- through bank to opposite party.  Complainant states in his proof affidavit that at the time of booking Rs.10,000/- was paid to opposite party on 16/09/2019.  Moreover, it is seen in Ext.P3 and Ext.P4 that complainant had made a petition to Circle Inspector of Police, Thodupuzha against opposite party regarding the matter and acknowledgement receipt of petition was received from Thodupuzha Police Station on 13/02/2021.

 

Despite notice from this Commission, opposite party has neither appeared nor filed written version.  Case of complainant is perused by his unchallenged proof affidavit, Exts.P1 and P2 documents.  We are of the considered view that complainant is entitled to get the reliefs prayed before this Commission.  It is proved that an amount of Rs.50,000/- was received by opposite party towards price of furnitures to be sold to  complainant.  But, after receiving the payment, he has not given these furniture items to   complainant.  This is deficiency in service on the part of him. 

 

In the result, complaint is allowed in part as hereunder.

 

(Cont.....4)

-4-

1 . Opposite party is directed to refund Rs.50,000/- with 12% interest from 1^st of July 2020, till its realization.

 

2 . Opposite party is also directed to pay Rs.20,000/- as compensation and Rs.5000/- as cost of litigation to complainant within 45 days from the date of receipt of this order, failing which compensation ordered shall carry interest @ 12% per annum from the date of this order till its realization.

 

Extra copies to be taken back by parties without delay.

 

 Pronounced by this Commission on this the 9^th  day of May, 2023.

 

                                                                                         Sd/-

                                                                                SMT.ASAMOL P., MEMBER                                                                                                            

                                                                                                   Sd/-                                                                       

                                                                        SRI.C.SURESHKUMAR, PRESIDENT                                                                                                 

                                                                                                   Sd/-                                                                            

                                                                                 SRI.AMPADY K.S., MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

(Cont.....5)

-5-

 

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1  -  Copy of statement of account dated 12/03/2021

Ext.P2  -  Copy of Pay in Slip of SBI, dated 04/06/2020

Ext.P3  -  Copy of Letter  from complainant to CI of Police,

                Thodupuzha dated 03/12/2020.

Ext.P4  -  Copy of acknowledgement receipt of petition dated 13/02/2021.

On the side of the Opposite Party :

Nil

 

                                                                                                    Forwarded by Order  

 

 

                                                                                        ASSISTANT REGISTRAR