IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 29th day of December, 2017
Filed on 23.05.2017
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.134/2017
between
Complainant:- Opposite Parties:-
Smt. Harisitha Sri. Binoy George
W/o Devaraj 523 A, Thuruthiyil-9
Puthenparambu Sulthan Bethery
Avalukkunnu.P.O Wayanadu 673592
Kalath, Kottankulangara Ward
Alappuzha
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant case in succinct is as follows:-
The complainant is running a dairy farm for the purpose of eking out her living. The opposite party approached the complainant, and with his alluring words made the complainant believe that he was having high yielding verity of cows in his possession which costs Rs. 2,00,000/- for five cows. Believing the opposite party’s words, the complainant on 26th September 2016 deposited Rs. 2,00,000/- in the opposite party’s A/c 910010023860200 Axis Bank Sultanbatheri. The opposite party assured the complainant that within one month from the said date the aforesaid animals would be delivered to the complainant in her farm. Contrary to the opposite party’s assurance even after the expiry of one month, the opposite party was not at all prepared to deliver the cows to the complainant. When the opposite party was contacted over phone, the opposite party impressed upon the complainant that the delay in delivering the livestock was nothing but due to the non availability of the cattle from Hariyana forthwith. The opposite party promised the complainant that the livestock would be delivered within the next two months. The complainant hopefully waited for the next two months. Still the cows were not supplied. The complainant over again contacted the opposite party, and required him to give him back the money the complainant offered to him. On the complainant’s insistence, the opposite party handed the complainant back an amount of Rs.65,000/- vide her bank account ADB bank., Alappuzha. The opposite party assured the complainant that the balance amount would be cleared off within one month. However notwithstanding the complainant’s repeated requests and demands, the opposite party till date has not been prepared to hand back the balance amount of Rs. 1,35,000/- to the complainant. When the opposite party was further called up it did appear that the opposite party had switched off his mobile phone. The opposite party caused monetary loss and mental agony to the complainant. The complainant got aggrieved on this approached this Forum for compensation and relief.
2. Notice being served, the opposite party turned up before this Forum, but has not make it a point file the version. Resultantly, the opposite party was set Ex-partie.
3. The complainant evidence consists of the testimony of the complainant as PW1, and on the complainant’s side another witness was examined as PW2. The documents have been marked as Exts.A1 to Ext.A3. As observed earlier the opposite party through turned up before this Forum was not keen on challenging the complainant case.
4. Keeping complainant’s contentions in view, the questions that crop up for consideration are:-
(a) Whether the complainant deposited the amount of Rs.2,00,000/- in favor of the opposite party in advance as the cost of the cattle?
(b) Whether the opposite party offered to deliver the livestock to the complainant as alleged by the complainant?
© Whether the opposite party delivered the cattle to the complainant as offered by him?
(d) Whether the opposite party is liable to hand back any amount to the complainant?
(e) Whether the complainant is entitled to any relief.
5. We meticulously went through the complainant’s contentions. The complainant’s specific case is that the opposite party offered to supply high yielding variety of cow to the complainant brought from Hariyana. Yielding to the opposite party’s alluring assurance as to the delivery of high breesing cattle the complainant on 26th September 2016 deposited Rs. 2,00,000/- in the opposite party’s favor vide his A/c 910010023860200 Axis Bank, Sultaanbathery as cost for five cows. The opposite party promised to deliver the livestock within one month. The opposite party did not supply the cattle as promised by him in time. When the complainant approached the opposite party, the opposite party sought two more months for the cattle’s delivery attribute the delay to the non availability of high quality breed currently in Hariyana. However, even on expiry of two more months the opposite party did not keep his word. Upon this the complainant sought the amount back from the opposite party. The opposite party handed back an amount of Rs. 65,000/- to the complainant vide her bank account ADB bank Alappuzha. Thereafter, the opposite party willfully evaded to make the balance payment of Rs. 1,35,000/- to the complainant, the complainant fervently contends. Notwithstanding the complainant’s frequent requests and demands the opposite party has been disinclined give back the id balance amount to the complainant. The complainant sustained both mental and monetary woes. Bearing the complainant’s contentions alive in mind, we anxiously perused the available materials placed on record. The testimony of the complainant and PW2 lend credence to the complainant’s contentions. Further the documents Ext.A1 to A3 produced y the complainant duly evince clearly whatsoever have been alleged by the complainant. In this context on a scrutiny of the entire material it is manifestly revealed that the complainant has reasonably drive home his contentions before this Forum. As we have already observed the opposite party was reluctant to turn up before this Forum or to challenge the complainant’s apparently probable case which has been more furthered by the proof affidavit and the Exts. We have no hesitation to hold that the complainant case stands well- substantiated. We need hardly say, the complainant is entitled to relief. In the result the complaint is allowed accordingly.
In the result, complaint allowed the opposite party is directed to give back the balance amount of Rs. 1,35,000/-(Rupees One lakh thirty five thousand only) to the complainant with 9% interest per annum from the date of payment of the said amount viz. 26th September 2016 till the date of its recovery. The opposite party is further directed to pay to the complainant an amount of Rs. 5000/-(Rupees Five thousand only) as cost. The opposite party shall comply with the order of this court within 30 days of receipt of this order.
The complaint is allowed accordingly. No order as to compensation.
Pronounced in open Forum on this the 29th day of December, 2017.
Sd/-Sri. Antony Xavier (Member)
Sd/-Smt.Elizabeth George (President)
Sd/-Smt.Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - NobyJohn (witness)
Ext.A1 - Copy of Receipt
Ext.A2 - Copy of Pass book details
Ext.A3 - Pass book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- br/-
Compared by:-
