DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 29th day of November 2017
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 01/07/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.99/2017)
Unnikrishnan.E.P,
S/o Late. Chathappan,
Dhivya Store, Kallupaalam,
Chazhiyattiri (PO), - Complainant
Koottanad, Pattambi,
Palakkad – 679 535.
(Adv.Sachin Das.P)
V/s
1. The Officer In charge, - Opposite parties
M/s Cocohut (The House of Healthy Food),
Door No.4/80 (1), Mattumantha,
C.N.Puram (PO),
Palakkad – 678 005.
2. M/s Cocohut,
(The House of Healthy Food),
Door No.4/80 (1), Mattumantha,
C.N.Puram (PO),
Palakkad – 678 005.
O R D E R
By Shri.V.P.Anantha Narayanan, Member,
The case of the complainant was that he was running a small grocery shop and selling petty electrical items, seasonal food and soft drinks for earning his livelihood for the last five years. To bring novelty in his business the complainant was looking for better options with standardized items in soft drinks, fruit juice, pickles and snacks. On seeing the advertisement in August 2016 given by the opposite parties in the “Malayala Manoram Daily” inviting franchisee for their fruit and pickle products, complainant contacted the opposite parties on the contact telephone number given in the advertisement and as per the request of the opposite parties complainant visited the business premises of the opposite parties and got satisfied with their project and infrastructure. The complainant also tasted the guava drink and found it very tasty. The manager of the opposite parties started contacting the complainant to become their franchisee in the Kootanad area and due to their explanation of the prospects of becoming their vendor, the complainant transferred Rs.40,000/- by RTGS to the opposite party’s account maintained at Canara Bank branch from the Thirumittacode Service Co-operative Bank’s Main Branch and for this a receipt no.12 dated.20.10.2016 was issued by the opposite parties acknowledging the receipt of Rs.40,000/- by them. The opposite parties sent different types of fruit and pickle products to the complainant for Rs.39,066.90/-. In November 2016 several complaints were received from the customers regarding the hyper hotness of the pickles and the customers started returning the product which was informed to the opposite parties and the pickle products were taken back by the opposite parties issuing to the complainant a credit note for Rs.7,538.80/-. Complaints were received in the case of squash also from the customers because of the burning sensation in the mouth while consuming squash even after mixed with water which was also informed to the opposite parties who took back the squash products also issuing a credit note for Rs.8,737/- to the complainant. Then the plastic bottle containing guava drink kept in the shelf in a cool condition was flarted. On inspection it was seen that the other bottles were bulged. From these incidents the complainant understood that the products of the opposite parties do not have minimum quality and hence the reputation of the local customers would be gone, if these inferior quality items were sold. Hence the complainant asked the opposite parties to take back their entire remaining stock and to return the amounts. The opposite parties readily took back the remaining items and credit notes for Rs.4,490.70/- and for Rs.1,050/- were issued to the complainant. Complainant pleads that, although he had returned the entire products of the opposite parties, the opposite parties had not refunded any amounts as per credit notes totaling Rs.21,816.50/-. Although the complainant contacted the opposite parties several times for getting the amount due to him over telephone and directly by travelling from Koottanad, all his efforts went in vain. According to the complainant, he had invested the amount in the opposite party’s franchisee venture by taking gold loan, by pledging gold ornaments of his family members and interest is increasing on this gold loan account. Then the opposite parties were sent a registered notice requesting them to refund amounts due to the complainant. Although the opposite parties received the notice, they did not give a reply nor payoff the dues to the complainant. After waiting for more than three months the complainant filed a police complaint before the Sub Inspector of Police, Chalissery, but no action was taken by them also. Hence this complaint was filed before this Forum by which the complainant prays to the Hon’ble Forum for an order directing the 1 & 2 opposite parties jointly and severally to refund Rs.21,816.50/- together with 12% interest from 05.01.2017 till realization plus Rs.5,000/- as compensation for mental agony suffered plus Rs.4,500/- by way of cost of the proceedings incurred.
The complaint was admitted and notices were sent to opposite parties to enter appearance. Notice to 2nd opposite party was served but their name called absent and were set ex-parte. Notice to 1st opposite party was also returned stating “door locked”. Hence notice deemed to be served on 1st opposite party, their name also called absent and were set ex-parte.
Complainant filed chief affidavit and from his side documents marked were Exts.A1 to A9. Opposite parties did not file any documents. Complainant was also heard.
The following issues crop up in this case.
1.Whether there is any deficiency of service and unfair trade practice on the part of the opposite parties?
2.Whether the complainant is entitled to any relief and cost?
Issues 1 &2
The complainant was running a small grocery shop selling electrical items, seasonal food and soft drinks for his livelihood for the last five years. On seeing an advertisement in the “Malayala Manorama Daily” in August 2016 given by the opposite parties inviting franchisees for their products and on their request, the complainant visited the business premises of opposite parties and got satisfied with their project and infrastructure. The original brochure of the food products of the opposite parties was marked as Ex.A1 which showed fresh juices, new type of squashes, various types of jams, healthy drinks, juices etc. sold by opposite parties. Complainant also transferred by RTGS Rs.40,000/- to the opposite parties account at Canara Bank and the receipt No.12 dated.20.10.2016 for the same was issued by the accountant of the opposite parties which is marked as Ext.A3. The voucher issued by Thirumittakode Service Co-operative Bank is marked as Ext.A2 which indicates receipt of Rs.40,000/- as advance against stock from the complainant. The opposite parties sent to the complainant different types of fruits and pickle products and the bills for those products are marked as Ext.A4 series which showed that Rs.32,534.90/- worth of products were sent by the opposite parties to the complainant, details of products, quantity, rate etc. On getting complaints from many customers about the products in November 2016 and consequent returning of the products by the customers, opposite parties were informed accordingly by the complainant. Then the pickle products were taken back by the opposite parties issuing credit notes for Rs.7,538.80/-. This credit note dated.08.11.2016 was marked as Ext.A5 which mentioned particulars of pickles taken back by the opposite parties from the complainant. Complaints were received from customers in the case of squash also which was also informed to the opposite parties. Opposite parties took back the squash products also issuing to the complainant a credit note on 28.12.2016 for Rs.8,737/-. This credit note was marked as Ext.A6 which shows particulars of squash and jam products taken back by opposite parties from the complainant. Since complainant understood that products of opposite parties do not have minimum quality and the customer reputation of the complainant would be gone if opposite parties’ products were sold by him. Complainant asked the opposite parties to take back the entire remaining stock. The opposite parties took back the remaining stock and issued a credit note dated.05.01.2017 for Rs.4,490.70/- and for Rs.1,050/- which were marked as Ext.A7 series which show particulars of items in stock taken back by the opposite parties from the complainant. According to the complainant, although he had returned all the products to the opposite parties, they had not refunded amounts as per credit notes issued to him. Although complainant contacted the opposite parties many times they did not give him the amounts due to him. The complainant also sent a registered notice to the opposite parties, but they did not give a reply nor did they pay the dues to the complainant. The registered notice was marked as Ext.A8 series which requested the opposite parties to refund the amounts as per credit note. After 3 months, the complainant filed a police complaint in Chalissery Police Station but no action thereon was taken by the police station authorities. The acknowledgement receipt of petition dated.27.04.2017 was marked as Ext.A9 which stated that a petition from the complainant was received against the opposite parties alleging violation of the contract of franchisee business.
From the affidavits and documentary evidences filed by the complainant, we understand that as per the credit notes issued by the opposite parties Rs.21,816.50/- (Rupees twenty one thousand eight hundred and sixteen and fifty paise only) were due to the complainant. We also observe that opposite parties have not yet refunded to the complainant this amount due to him, even though he had returned all the products of the opposite parties and he had contacted the opposite parties several times by telephone and directly. Hence we view that grave deficiency of service has occurred on the part of the opposite parties. In the result, the complaint is allowed.
We order the 1 & 2 opposite parties jointly and severally to refund to the complainant Rs.21,816.50/- (Rupees twenty one thousand eight hundred and sixteen and fifty paise only) immediately. We also direct the 1 & 2 opposite parties jointly and severally to pay to the complainant a sum of Rs.3,000/- (Rupees three thousand only) towards compensation for mental agony suffered by the complainant and Rs.2,000/-(Rupees two thousand only) by way of cost of proceedings incurred by him.
This order shall be executed within 30 days of the receipt of this order; otherwise interest at 9% p.a on the total amount due should also be paid to the complainant from the date of this order till realization.
Pronounced in the open court on this the 29th day of November 2017.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Brochure issued by Cocohut (the House of Healthy Food)
Ext.A2 - voucher issued by Thirumittakode Service Co-operative Bank for the
deposit of amount of Rs.40,000/- by the complainant to the opposite parties
account
Ext.A3 - Receipt No.12 dated.20.10.2016 issued by opposite parties to the complainant for
acknowledging receipt of Rs.40,000 for the products from the complainant
Ext.A4 series - Bills issued by opposite parties to the complainant
Ext.A5 - Credit note No.001 dated.08.11.2016 issued by opposite parties to the complainant
Ext.A6 - Credit note No.002 dated.26.12.2016 issued by opposite parties to the complainant
Ext.A7 series - Credit note No’s.003 & 004 dated.05.01.2017 issued by opposite parties to
the complainant
Ext.A8 series - Registered notice dated.22.02.2017 sent by the complainant to the 2nd
opposite party and acknowledgement card received
Ext.A9 - Photo copy of Acknowledgement of receipt of petition dated.27.04.2017
Exhibits marked on the side of Opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost
Rs.2,000/-
