By G. Yadunadhan, President:

            The case of the complainant is that he purchased some electrical articles from Risabh Electricals, Coimbatore on 5.10.2007 for using in the institutions run by him.   Complainant’s representative transported the same articles in the vehicle owned and managed by the opposite party No.1, by paying necessary charges from Coimbatore to Calicut on 6.10.2007.  While so, when complainant’s representative reached at Calicut, the officials of opposite party No.2, refused to unload the electrical goods by illegally demanding Rs.12,000/- from the complainant, stating that the said amount is paid by the opposite party in the check post.  Since complainant refused to pay the illegal demand, opposite party willfully failed to unload the electrical goods and the same was taken to Kannur to pressurize the illegal demand of the opposite party.  The total purchase value of the electrical goods is only Rs.8887/- and complainant had in his possession the taxable bills of the said articles.  Complainant is legally not liable to pay any amount as demanded by the opposite party and even now the said articles are in the illegal possession of opposite party No.2 at Calicut.  Complainant has suffered huge loss, since the complainant could not use the electrical articles in time and loss is estimated as Rs.75,000/-.  Hence complainant prayed to pass an order directing the opposite party to return the electrical articles purchased by the complainant and illegally kept by opposite party No.2 and also to pay a compensation of Rs.75,000/-.

            After serving notice, opposite party No.1 called absent and set exparte.  Notice sent to opposite party No.2 returned by the postal authorities with the endorsement “unclaimed”.  Hence opposite party No.2 also called absent and set exparte.

            Complainant was examined as PW1.  Complainant filed affidavit and Exts. A1 to A6 were also marked.  On perusal of Exts. A1 to A6 and from the affidavit, complainant’s case is proved. 

In the result petition is allowed and the opposite parties are directed to return the electrical articles purchased by the complainant and illegally kept with opposite party No.2 as shown in the Ext. A3 series and also to pay a compensation of Rs.5000/- (Rupees five thousand only) to the complainant with no cost.

            Pronounced in open Court this the 5^th day of December 2008.

                                    Sd/-President                                              Sd/-Member

APPENDIX

Documents exhibited for the Complainant:

A1            Boarding pass of Arthi travels, Coimbatore.

A2            Receipt No.1717 dated 16.10.2007 of Arathi Travels, Coimbatore.

A3 series            Bill No.1264 and 1278 of Risabh Electricals.

A4        Copy of Lawyer Notice.

A5            Registered Postal receipt No.9427.

A6        Postal acknowledgement card.

Documents exhibited for the Opposite parties:

Nil.

Witness examined for the complainant:

PW1     Joy Daniel, S/o. Daniel – Complainant.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.