By Sri.  A.S. Subhagan,  Member:

          This is a complaint preferred under Section  35 of the Consumer Protection Act 2019.

          2. Facts of the case in brief:-  On 18.11.2021 the Complainant purchased a cow from the Opposite Party for Rs.52,500/-.  At the time of purchase, the Opposite Party had convinced the Complainant that the cow was conceived for seven months  and in the last delivery it gave him ‘17’ litres  of milk,  on a daily basis.  Believing these words of the Opposite Party,  the Complainant purchased the cow.  But the cow was struggling to get out  of the cattle shed and it was not able to walk.  On telling this facts to the Opposite Party,  he told the Complainant that it was because of the fact that the cow was permanently kept in the cattle shed and it would be overcome  after feeding it with grass for some days.  Though the Complainant had looked after the cow as was told by the Opposite Party,  the same problem of the cow remained as before and as the cow was suspected to be having other diseases also,  the cow was made treated by a veterinary Doctor  Asainar,  by the  Complainant.  During the course of treatment,  in the  8^th  month, the cow delivered a still born calf.  The cow was treated for  about one  month but it gave only 5.5 litres of milk.  The facts of the disease and the treatment given to the cow were intimated to the  Opposite Party on time to time.  The Opposite Party had promised the Complainant either to take back the cow or to refund the proportionate amount,  if  lesser milk was obtained even after treatment.  But the Opposite Party did not kept his promise.  The Opposite Party had sold a diseased cow  concealing the true facts.  The act of the Opposite Party is unfair trade practice which has  caused financial and other loss and injury to the Complainant for which the Opposite Party is responsible.  Hence  this complaint seeking the following relief:-

1. To direct the Opposite Party to take back the cow and pay back Rs.52,500/- being the selling price of the cow, together with interest at the rate of 12%.
2. To direct the Opposite Party to pay an amount of Rs.50,000/-  as compensation and
3. To direct the Opposite Party to pay Rs.10,000/-  as compensation.

3. Notice was served on the Opposite Party for appearance.  But as he  did not appear before the Commission and as such,  he was set ex-parte.  Proof affidavit  was filed  by the Complainant and Exts.A1 and A2 were marked and he was examined on 07.11.2022 as PW1.  Ext.A1 is the treatment certificate issued by the Veterinary Doctor Asainar and A2 (a), A2 (b), A2 (c)  and A2(d)  are prescription notes issued by Dr. Asainar.

4. In the affidavit and in oral evidence the Complainant  reiterated all his allegations in the Complainant against the Opposite Party.  The main allegation of the Complainant is that the Opposite Party sold  a diseased cow concealing its disease and its lesser milking  capacity which is unfair trade practice played upon him by the Opposite Party for which he claims refund of the price of the cow  with interest,  compensation and cost of the Complaint.  The Opposite Party had the Opportunity to contest his case,  but he did not appear before the Commission.  Therefore the Commission has no other way than to accept the allegations of the Complainant .  Selling a diseased cow,  concealing its disease and its  milking capacity amounts to  unfair trade practice.  Here,  there  has been unfair trade practice from the part of the Opposite Party for which he is responsible and liable  to refund the price of the cow together with interest, compensation and cost.  But the rate of interest, compensation and cost claimed are seen exorbitant.  Hence,  the Complainant has a right to get interest at the rate of 8%,  compensation  of Rs.25,000/-  and cost of Rs.5,000/-.

In the result,  the complaint is partly allowed and the Opposite Party is       ordered :-

1. To take back the cow from the Complainant and to refund the selling price of the cow,  Rs.52,500/-  (Rupees Fifty Two thousand Five hundred only)  together with interest at the rate of 8% per annum from the date of this complaint.
2. To pay an amount of Rs.25,000/-  (Rupees Twenty Five thousand only) as compensation for unfair trade practice and
3. To pay an amount of Rs.5,000/- (Rupees Five thousand only) as cost of this complaint.

The above amounts shall be  paid to the Complainant within one month from

the date of this order failing which the amount will carry interest at the rate of 8% per annum from the date of this order.

          Dictated to the Confidential Assistant, transcribed by him and corrected by me

and pronounced in the Open Commission on this the 7^th  day of November 2022.

          Date of filing:- 18.02.2022

                                                                             PRESIDENT:  Sd/-

                                                                             MEMBER   :   Sd/-

                                                                             MEMBER   :   Sd/-

APPENDIX.

Witness for the Complainant:

PW1.           P. P. Poulose.                           Complainant.        

Witness for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1.       Copy of Treatment Certificate.                   dt:12.01.2022.

A2(a).   Copy of Prescription.                                dt:05.12.2021.

A2(b)    Copy of Prescription.                               dt:08.12.2021.

A2©      Copy of Prescription.                               dt:13.12.2021.

A2(d)     Copy of Prescription.                               dt:01.01.2022.

Exhibits for the Opposite Party:

Nil.

                                                                                                PRESIDENT:  Sd/-

                                                                                                  MEMBER   :   Sd/-

                                                                                                  MEMBER   :   Sd/-