BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY

C.C.No. 38/2016

Dated this the 26^th day of April 2017

(Date of Institution: 01.09.2016)

A.K. Ramadoss, son of M. Krishnamoorthy             

No.1, Vasuki Street, Kosapalayam

Puducherry. 

                                                                   ….  Complainant

Vs.

Sri Vijayaganapathy Stores rep. by its

Authorised Signatory

109, Eswaran Koil Street,                       

Puducherry – 605 001. 

…      Opposite Party

BEFORE:

          THIRU.A.ASOKAN, B.A., B.L.,

          PRESIDENT 

Thiru V.V. STEEPHEN, B.A., LL.B., 

           MEMBER

FOR THE COMPLAINANT            :  Party-in-person                    
 

FOR THE OPPOSITE PARTY      :  Thiru M. Kalaiselvan, Advocate

O  R  D  E  R

          This is a complaint filed u/s 12  of Consumer Protection Act, 1986 directing the opposite parties to refund a sum of Rs.128.50 towards the cost of the product collected from the complainant with interest at 18% per annum from 15.06.2016, the date of purchase of the product till payment and discharge;  to pay a compensation of Rs.25,000/- for the physical hardship and suffering and mental agony caused to the complainant due to Opposite Party's Unfair Trade Practice and to pay a sum of Rs.5000/- towards litigation expenditure and cost of the complaint.            

          2. Notice to the opposite party duly served. The opposite party appeared through Counsel and filed reply version.  The complainant was examined as CW1 and Ex.C1 and MO1 were marked.  Inspite of several opportunities were given, the complainant was not cross-examined by the opposite party.  Hence, the matter was posted for the evidence of Opposite Party.    

          3. Today this complaint was called.  Complainant, Opposite Party and the Counsel for Opposite Party present and filed joint compromise memo and stated that the matter is settled out of court with full satisfaction and prayed to close the matter.   Further, the complainant endorsed on the complaint that "I have not pressed the matter in view of compromise of opposite party".  Further endorsed that I have received the amount of Rs.10,000/- only by cheque No. 004329 on 09.04.2017. 

4.  In view of the joint compromise memo and the endorsement made by the complainant in the complaint, this complaint is hereby dismissed as not pressed.  No costs.  The joint compromise memo shall form part and parcel of this order.  No costs.

          5.  The MO1 is ordered to be returned to the opposite party. 

Dated this the 26^th day of April 2017.

1.  ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

MEMBER

LIST OF COMPLAINANT'S WITNESSES:

CW1           24.01.2017           A.K. Ramadoss       

LIST OF OPPOSITE PARTY'S WITNESS:  NIL

LIST OF COMPLAINANT'S EXHIBITS:

Ex.X1         27.05.2014           Inspection report marked through CW2

LIST OF OPPOSITE PARTIES EXHIBITS:   NIL

LIST OF MATERIAL OBJECTS     :        

MO1           Sunsilk shampoo 1 bottle.

1. ASOKAN)

                 PRESIDENT

                (V.V. STEEPHEN)

      MEMBER

EXTRACT OF JOINT COMPROMISE MEMO FILED BY BOTH PARTIES

We are hereby settled the matter in our of court.  Hence, we are filing this joint compromise memo.  We are full satisfaction. 

          Hence, it is prayed this Hon'ble Court may be pleased to close this matter.

         Sd/-                                                                            Sd/-                           

Counsel for Opposite Party                              Complainant

          Sd/-                                                                 

Opposite Party.

/ TRUE COPY /

1. ASOKAN)

                  PRESIDENT

                (V.V. STEEPHEN)

                         MEMBER