By. Smt. Renimol Mathew, Member:
The complaint is filed under section 12 of the Consumer Protection Act against opposite parties to get compensation for the damages and injury caused to her due to the deficiency of service of opposite parties.
2. Brief of the complaint:- On 05.04.2014 the complainant bought 50 kg of rice from the Supplyco Maveli Store of opposite party No.1 using her ration card bearing No.2263034183. On payment opposite party No.1 issued bill No.14283 to the complainant. Thereafter on 12.04.2014 while she was washing a few portion of rice to cook, an unknown object hit into her right hand and caused severe pain. Immediately she consulted the doctor at Assumption Hospital, Sulthan Bathery. The consulted doctor conducted a minor surgery and removed a piece of glass from the wound. Thereafter they checked the rice and found some more glass pieces inside the rice bag. Then complainant's husband lodged a complaint before Ambalavayal police Station but they were not taken any action. Hence filed this complaint to get compensation for the loss and damages caused to her due to the deficiency of service of this opposite parties.
3. Notices served to opposite parties, they appeared and version filed. Subsequently opposite party No.3 and 4 impleaded as supplemental opposite party No.3 and 4 they also appeared and version filed.
4. In the version, opposite party No.1 stated that the goods sold by them were supplied by Taluk Depot Sulthan Bathery, they are one among the 14 outlets of Sulthan Bathery Taluk Depot and it is highly essential to implead the suppliers. Opposite party No.2 in their version stated that they were not a party in this proceedings that Supplyco maveli stores are not under the control of District supply officer and they are under the control of Supplyco Regional Manager, Kozhikode.
5. Subsequently opposite party No.3 and 4 impleaded and version filed in short it is as follows:- They stated that on 05.04.2014 they sold 50 kg of Karnataka Jaya rice to one Radha, Tharappel House, Vakeri Post as per bill No.1483, vide card No.2263034183. The ration card owned by the complainant is bearing No.2263080810, this complainant bought goods on that day as per bill No.14299 for Rs.343.95/- in this bill Karnataka Jaya rice was not included. Opposite party No.1 sold Karnataka Jaya rice to card No.2263034183 as per bill No.1483. The complainant is not the owner of this card. The opposite party No.3 admitted that the complainant's husband approached them with the above complaint and they offered exchange of good or money towards the price of this disputed rice. But thereafter the complainant or her husband never approached this opposite parties to settle the issue. Opposite party No.3 stated that they have supplied Karnataka Jaya rice to 14 Maveli stores under them. They have purchased it after quality test. All the machine stitched Karnataka Jaya rice bags contains sortex rice. They have purchased 30846 kgms of Karnataka Jaya rice and distributed to various outlets. They only supplied 1241 kgms of Karnataka Jaya rice to Thomatuchal Maveli Store. The balance 29605 kg of rice they supplied to the other 13 maveli stores. All the outlets sold the above rice, but no other complaint were reported any where at Sulthan Bathery Taluk. Opposite party No.3 and 4 further stated that they were supplying only machine stitched rice bag containing sortex rice, there is no chance of a foreign object in the rice bag and this complainant is not a competent person to file a complaint against these opposite parties as she is not the owner of Ration card bearing No.2263034183. Hence this opposite parties prayed to dismiss the complaint.
6. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the side of opposite parties?
2. Relief and cost.
7. Point No.1 & 2:- Complainant filed proof affidavit and examined as PW1 and Ext.A1 to A5 documents were marked. Ext.A1 is the purchase bill dated 05.04.2014. Ext.A2 is the copy of police complaint. Ext.A3 are the Hospital Bills. Ext.A4 is the Medical Certificate. Ext.A5 is the paper report. Doctor who issued the medical Certificate was examined as PW2. In the witness box PW1 deposed that she bought this disputed rice by using her mother's ration card but in the proof affidavit and the complaint the complainant stated that on 05.04.2014 she bought 50 kg rice from Thomattuchal maveli store using the ration card bearing No.63034183, wherein she stated that she is also a member of this card but this ration card was not produced before this Forum. This piece of evidence is very relevant in this complaint. Opposite parties filed proof affidavit but when the case was posted for opposite party's evidence, all the opposite parties were present, the complainant was not present to cross examined them. Thereafter the complainant was not present for hearing also. On perusal of the produced documents, complaint and affidavit nothing is there to connect this complainant with the ration card No.226034183. Hence we opine that the complainant is not a competent person to file this complaint and she is not entitled to get compensation from the opposite parties. The Points are found accordingly.
In the result, complaint is dismissed. No Order as to cost and compensation.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 7th day of July 2015.
Date of Filing:03.07.2014.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Deepa. Complainant.
Pw2. Dr. Manjunatha. K. R. Orthopaedic Surgeon, Assumption Hospital,
Sulthan Bathery.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Cash Bill.
A2. Copy of Police Complaint. Dt:13.04.2014.
A3(1). Receipt.
A3(2). Receipt.
A3(3). Receipt.
A4. Medical Certificate. Dt:21.04.2014.
A5. Paper Report.
MO -1 Series. Rice Samples.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
