R. VIJAYAKUMAR, MEMBER

            The complaint is filed for realization of Rs.1400/- which she has lost as the price of Asbestos, loading, unloading and vehicle charges  along with 12% interest, compensation Rs.10,000/- and cost Rs.1000/-

            The averments in the complaint can be briefly summarized as follows:

On 21.4.2008 the complainant purchased 7 Asbestos sheets  from the opp.party  for the  price of Rs.350/- each.   It was seen that two Asbestos Sheets were damaged with  scraches in the middle.  It was also seennthat scratches were pasted with cement which cannot be easily identified .   Without any delay complainant approached the opp.party.

But the opp.party refused to supply new Asbestos sheets.  Because of the unfair trade practice and deficiency in service of the opp.party the complainant lost Rs.700/- as the price of  Asbestos sheets Rs.200/- as vehicle charges and Rs.450/- as loading  - unloading charges.   The building construction was temporarily interrupted and the complainant who is a widow suffered mental agony and financial loss.   The complainant sent an advocate notice but it was not replied.  Hence the complainant filed the complaint for getting compensation.

            Even though sufficient opportunities has been  given,  the opp.parties  were not turned up.   The complainant filed affidavit.  PW.1 was examined.   Ext.P1 to P3 were marked. 

The points that would arise for consideration are:

1. Whether there is any deficiency in service on the part of opp.party.
2. Compensation and cost.

As the opp.party does not filed version or adduced any evidence., we are constrained to relay upon the evidence adduced by the complainant.  On a detailed verification of the complainant, affidavit and exhibits we find that there is deficiency in service on the part of opp.party.   The points found accordingly.

      Hence the complaint is allowed.  The opp.party is directed to pay Rs.1200/- including the price of Asbustos loading - unloading and vehicle charges.   The opp.party is also directed to pay Rs.2000/- as compensation and Rs.1000/- as cost.  The order is to be complied with within one month from the date of receipt of this order.

Dated this the      31^ST  day of January, 2009.

I N D E X

List of witnesses for the complainant

PW.1. - Thankamony

List of  documents for the complainant

P1. – Advocate notice dt. 26.4.2007.

P2. – Postal receipt

P3. – Acknowledgement card