BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

C.C. No. 19/2023 Filed on 19/01/2023

ORDER DATED: 20/06/2023

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under section 35 of the Consumer Protection Act 2019.  The brief facts of the case is that the complainant purchased 5 items of food articles on 13/12/2022 from the opposite party by paying an amount of Rs.12,000/-.  The amount was paid through NEFT.  But the food items purchased by the complainant are found to be out of date and damaged.  The food articles doesn’t contain manufacturing date or expiry date.  The complainant intimated all these thinks to the opposite party and also returned all the food items to him.  The act of the opposite party amounts to deficiency in service, hence this complaint.

                  Even though the opposite party received notice, the opposite party did not appear before this Commission, hence opposite party was set ex parte. 

Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite party?
2.   Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):  The complainant had filed proof affidavit and has produced 4 documents which was marked as Exts.P1 to P4 series.  It can be seen from Ext.P1 that the cost of food items were Rs.12,000/-.  As per Ext.P2 it can be seen that the complainant has paid Rs.12,000/- to the opposite party.  On going through Ext.P4 series it can be seen that the food items doesn’t contain the manufacturing date as well as the expiry date.  The opposite party didn’t turn up, hence the evidence adduced by the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of the opposite party, hence the opposite party is liable to compensate the complainant.

In the result the complaint is allowed.  The opposite party is directed to pay Rs.12,000/- (Rupees Twelve Thousand Only) with 6% interest per annum from 19/01/2023 and pay Rs.10,000/- (Rupees Ten Thousand Only) as compensation to the complainant for the mental agony suffered by the complainant and Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of order till realization. 

  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 Commission, this the 20^th   day of June,  2023.

           Sd/-

P.V.JAYARAJAN                 : PRESIDENT 

             Sd/-

                                                                 VIJU V.R                          : MEMBER                                                                                          

C.C. No. 19/2023

APPENDIX

  I         COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

        Sd/-

PRESIDENT

R