By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant had ordered an Areca peeling machine worth Rs. 1,40,000/- from opposite party. On 17/11/2021 complainant had transferred the amount to opposite party through his account at Canara Bank, Thrikkalangode Branch. On January 2022 opposite party had delivered the machine to complainant. But complainant could not use the machine due to its defects. He was unable to separate areca nut from its outer cover by using this machine. While separating the areca nut from the outer cover, the separated nuts are obtained in a crumbled and powdered form due to the defect of the machine. Complainant taken a video of the working of the machine and sent to opposite party for rectification of the defect. Then opposite party came to complainant’s site to resolve the problem, but opposite party was unable to rectify the defect. Due to the non working of the machine complainant had suffered a lot mentally and financially. Hence this complaint.
2. Prayer of the complainant is that he is entitled to get Rs. 1,40,000/- the cost of the areca peeling machine , Rs.40,000/- as compensation for the mental agony and financial loss he had suffered and Rs. 10,000/- as cost.
3. On admission of the complaint notice was issued to the opposite party and notice served on him, but he did not turn up. Hence opposite party set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 & A2. Ext.A1 is the photocopy of the quotation given by opposite party to complainant, Ext.A2 is the photocopy of the transaction slip given by Canara Bank to complainant regarding the transfer of Rs. 1,40,000/ to opposite party.
5. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced two documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
8. Hence we allow this complaint as follows:-
- The opposite party is directed to refund Rs.1,40,000/-(Rupees One lakh forty thousand only) the cost Areca peeling machine to complainant and the opposite party is at liberty to take back the areca peeling machine from the custody of complainant.
- The opposite party is also directed to pay compensation of Rs.25,000/- (Rupees Twenty five thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.3000/-(Rupees Three thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
