By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to pay cost and compensation for unfair trade practice.
2. The complainant booked one chappathy maker from opposite party No.1's stall after giving Rs.200/- as advance on 17.02.2013. On 24.02.2013 opposite party came to complainant's house and delivered the chappathy maker after receiving the balance amount of Rs.1,750/- and showed the working of chappathy maker. After one day the chappathi maker shown some complaint and the complainant intimated the same to the opposite party and opposite party replaced another one. But after one week the latest chappathi maker also became complaint. Thereafter no response from the opposite parties, when contacted by the complainant somany times. Hence complainant submitted before the Forum that, supply of non standard and defective material is an unfair trade practice from the side of opposite party No.1 and opposite party No.2, 3 and 4 is vicariously liable since the stall is given to the opposite party No.1 by the opposite party No.2,3 and 4. Hence complainant prayed before the Forum to direct all the opposite parties to pay the cost of the material, cost and compensation.
3. Notice were send to all opposite parties and opposite party No.1's notice returned stating that addressee left. Hence opposite party No.1 set ex-parte on 22.02.2014. Opposite party No.2 and 3 filed version on 22.02.2014 and 25.03.2014 respectively. Opposite party No.4's notice served on 04.10.2014 but not appeared before the Forum or not filed version. Hence opposite party No.4 set ex-parte on 05.11.2014.
4. In the version of opposite party No.2 he stated that he has not conducted Wayanad Festivel in Bathery and he has noway any connection and dealing with the complainant and he is an unnecessary party and he had no dealing with this opposite party. Hence opposite party No.2 prayed before the Forum to delete him from the case with compensatory cost to opposite party No.2.
5. In the version of opposite party No.3, he stated that the complaint is not maintainable before the Forum as per law and he is an unnecessary party in this case and further stated that he has no way directly connected with the dealing mentioned in the complaint. More over the complainant stated in the complaint that the first defective material is replaced by the opposite party No.1 from his house. Hence opposite party No.3 prayed before the Forum to delete opposite party No.3's name from the case with compensatory cost of Rs.5,000/- to opposite party No.3 from the complainant.
6. On perusal of complaint, versions and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
6. Point No.1:- Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 and A2 is marked. Ext.A1 is the Order Form No.46 dated 17.02.2013. Wherein it is seen that advance Rs.200/- received by opposite party No.1 from the complainant on 17.02.2013. Ext.A2 is the Guarantee Card issued by the opposite party No.1 to the complainant. Which shows one year guarantee is given for the material and cash received against the order form No.46 dated 17.02.2013. Ext.A1 and A2 clearly proves the dealings, since the opposite party No.1 is ex-parte the complainant's pleadings can be believed in toto. The main allegation against the opposite party No.3 and opposite party No.4 is that " the stall is allotted by the opposite party No.3 and 4 to the opposite party No.1 in Bathery for Wayanad Fest, is not challenged or disproved by the opposite party No.3 and 4. In the version of opposite party No.3 also it is not denied.
7. Hence the Forum found that non-curing of the defects in the material by the opposite party No.1 is clear deficiency of service and no response of the service call of complainant is purely an unfair trade practice. Hence opposite party No.1 is held liable for the same. The opposite party No.3 and 4 is also vicariously liable, since they are allotted the stall to opposite party No.1. It is pertinent to note that the customers and consumers are visiting the festival and purchasing the article and booking anything from the stalls only because of the identity of opposite party No.3 and 4, who are the organizers of the festival. So they cannot escape from the liabilities arising out of the unfair trade practices by the stall holders. The Point No.1 is found accordingly.
8. Point No.1:- Since the Point No.1 is found in favour of the complainant. The opposite parties No.1, 3 and 4 is jointly and severally liable to pay the cost of the material and compensation and cost of the proceedings to the complainant. Since the opposite party No.2 is an unnecessary party they are entitled for the compensatory cost from the complainant. The point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite parties No.1,3 and 4 is directed to refund Rs.1,950/- (Rupees One Thousand Nine Hundred and Fifty) only with 15% interest from the date of complaint ie on 19.07.2013 and Rs.5,000/- (Rupees Five Thousand) only as compensation and Rs.2,000/- (Rupees Two Thousand) only as cost of the proceedings to the complainant. The complainant is directed to pay Rs.2,000/- (Rupees Two Thousand) only to opposite party No.2 as compensatory cost since he is an unnecessary party. The complainant and opposite parties No.1, 3 and 4 shall comply the Order jointly and severally within one month from the date of receipt of this Order. When complying the Order opposite parties No.1,3 and 4 can take back the material (Chappathy maker) from the Forum. On failure to comply the Order the complainant is entitled for an interest at the rate of 15% per annum for whole the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 27th day of February 2015.
Date of Filing:15.07.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. P. U. Joseph. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Order Form. dt:17.02.2013.
A2. Guarantee Card.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
