By. Smt. Renimol Mathew, Member:-
The complainant's case is that on 21.10.2011 complainant purchased a weed cutter of Rs.27,111/- from the opposite party No.1. When complainant planned to purchase a weed cutter, he enquired about the subsidy schemes to opposite party No.2. Opposite party No.2 assured that it will get 50% subsidy, also opposite party No.2's office published details regarding subsidy in their Notice Board. The complainant made a discussion about this to opposite party No.2. He suggested opposite party No.1's shop to purchase weed cutter. While so on 21.10.2011 complainant purchased this weed cutter from opposite party No.1's shop.
2. On demand of the opposite party No.2, complainant showed the functions of weed cutter to him, also he entrusted the original Bill, Identity Card and Tax Receipt to opposite party No.2. Opposite party No.2 told that he forwarded this to opposite party No.3's office. But complainant didn't get the subsidy amount so far. Later on 21.02.2012 complainant learnt that the weed cutter which has purchased from opposite party No.1's shop is not eligible for subsidy scheme. Complainant alleges that he had purchased this weed cutter as per the instruction and advice of opposite party No.2. According to complainant this is deficiency of service from the part of the opposite party. So he prays for eligible amount of subsidy scheme that is 50% of the bill amount with cost and compensation.
3. Opposite party No.1 appeared before this Forum and filed version, opposite parties No.2 and 3 set ex-parte on 06.09.2012.
4. Brief of opposite party No.1's version:- Opposite party No.1 admitted that he sold a weed cutter to the complainant. He is an unnecessary party to this case, he doesn't know about the subsidy schemes, the relationship between complainant and opposite party No.1 is only a seller and buyer. According to Tin No.32148561645 he is an authorized dealer of agricultural equipments. He prays for dismissal of the case against him. For opposite parties No.2 & 3 there is no evidence to the contrary.
5. On considering the complaint, Version, affidavit and documents the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
6. Point No.1:- Complainant filed affidavit and examined as PW1. Ext.A1 to A3 documents were marked. Ext.A1 is the Bill issued by opposite party No.1 shop to complainant. Ext.A2 is the Authorization Letter of opposite party No.1 showing that they are the authorized dealer for Falcon Super cut Weed Cutters. Ext.A3 is the copy of the Letter sent by complainant to Chairman, Coffee Board. The reason for the subsidy rejection is that opposite party No.1's shop is not an authorized one. As per the complaint complainant approached opposite party No.2 before purchasing the weed cutter, as per the advise and instruction given by opposite party No.2 complainant bought this machine. If there is any dispute regarding the authorization of opposite party No.1's shop, opposite party No.2 might have inform this to the complainant. The complainant bought this weed cutter under the impression that he will get subsidy as per the conditions of Coffee Board. If that be so Opposite parties No.2 and 3 not appeared before this Forum to defend the case against them. So complainant is entitled to get this eligible subsidy amount from opposite party No.2 and 3. Point No.1 is found accordingly.
7. Point No.2:- So complainant is entitled to get 50% of the Bill amount that is Rs.13,555/- from opposite parties No.2 and 3, also entitled to get Rs.1,000/- as cost and compensation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed. Opposite parties No.2 and 3 are directed to pay 50% of the Bill amount that is Rs.13,555/- (Rupees Thirteen Thousand Five Hundred and Fifty Five) only with cost of Rs.1,000/- (Rupees One Thousand) only to the complainant. Opposite parties No.2 and 3 are jointly and severely liable to pay the amount. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order, Otherwise opposite parties No.2 and 3 is directed to pay interest @ 10% per annum till full payment.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31st day of August 2013.
Date of Filing:26.07.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Sooppi. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Bill.
A2. Authorization Letter. Dt:21.02.2011.
A3(Series). Copy of Letter and Postal Receipt.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
