DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Friday the 31th day of May 2024
CC.94/2022
Complainant
Rajesh. P,
Puthoor (HO), Kalloor,
Koothali. P.O,
Kozhikode - 673525
Opposite Party
Shree Vardhan Sagar Marbles,
Khasra No. 375/265,
Village Mohanpura, Kishangarh,
Ajmer, Rajasthan - 305801
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The complainant had ordered 1200 square feet of marble from the opposite party. The complainant had paid the full amount of Rs. 99,152/- to the opposite party. But the opposite party had issued bill for an amount of Rs. 31,152/-only. Thereafter the opposite party delivered the marble to the complainant. But the delivered quantity was only 1100 square feet instead of 1200 square feet and the condition and quality of the marbles were very low and many slabs were in broken condition. The opposite party had assured to deliver premium quality Morchana marble without filling or breaking. What the opposite party had delivered was low class and other brand marble and not Morchana. Moreover, the opposite party had not delivered the product at the site and so the complainant had to spend Rs. 8,000/- more for the transport of the product to the site.
- The complainant contacted the opposite party several times and requested to provide proper bill and pay Rs. 25,000/- as cost of the broken and bad quality marble and for the short supply. But there was no positive response from the part of the opposite party. The complainant was put to gross metal agony, hardship and monetary loss due to the default, negligence, deficiency of service and unfair trade practice on the part of the opposite party. Hence the complaint to direct the opposite party to pay Rs. 25,000/- to the complainant being the cost of the broken and bad quality marble and for the short supply. Compensation to the tune of Rs. 10,000/- is also claimed for the deficiency of service and the mental harassment and agony caused.
- The opposite party was set ex-parte.
- The points that arise for determination in this complaint are;
- Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Ext A1 to A5 were marked.
- Heard.
- Point No.1:- The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that the opposite party did not delivered the ordered quantity of marble and the marble supplied was of poor quality and were in broken condition. He is seeking to realise a sum of Rs. 25,000/- from the opposite party towards the cost of the broken and poor quality marbles and for the short supply, along with compensation of Rs. 10,000/-.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 series are the screen short of phonepay payments, Ext A2 is the copy of the tax invoice dated 29/10/2021, Ext A3 is the screen short of phonepay payment, Ext A4 series are the screen short of watsapp chat and Ext A5 is the copy of the lawyer notice dated 01/02/2022.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and contest the matter. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A5. Deficiency of service and unfair trade practice on the part of the opposite party stands proved. The complainant is entitled to get an order as prayed for. The complainant is also entitled to get Rs. 3,500/- as cost of the proceedings.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.94/2022 is allowed.
b) The opposite party is hereby directed to pay a sum of Rs. 25,000/- (Rupees twenty five thousand only) to the complainant.
c) The opposite party is directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) to the complainant as compensation for the mental agony and hardship suffered.
d) The opposite party is directed to pay a sum of Rs. 3,500/- (Rupees three thousand five hundred only) as cost of the proceedings to the complainant.
e) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 25,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.
Pronounced in open Commission on this, the 31st day of May, 2024.
Date of Filing: 18.04.2022
Sd/- Sd/-
PRESIDENT MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 Series – Screen short of phonepay payments.
Ext.A2 – Copy of the tax invoice dated 29/10/2021.
Ext.A3 – Screen short of phonepay payment.
Ext.A4 Series – Screen short of watsapp chat.
Ext.A5 - Copy of the lawyer notice dated 01/02/2022.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - Rajesh. P (Complainant)
Sd/- Sd/-
PRESIDENT MEMBER
True Copy,
Sd/-
Assistant Registrar.
