By Smt. Beena. M, Member:
This is a complaint filed under Section 12 of Consumer Protection Act 1986.
2. Complainant’s case in brief is as follows:- The complainant is the Director of M/s Fathima Matha Mission Hospital, Kalpetta, Wayanad and the opposite party is the proprietor of M/s Ganesh Refrigeration Industries situated in Kottarakkara and is alleged to be suppliers of spare parts of Mortuary and other electronic items. The opposite party had visited the mortuary of the hospital on 21-06-17 and had promised that (1) Fan Axial Flow Suction Type 3 Phase with SPP, (2) Compressor 3 Phase, (3) Gas charging and fleshing with nitrogen are absolutely necessary for functioning the mortuary in the hospital. The opposite party quoted total cost of the items is Rs.35,000/- and promised to deliver within 4 weeks after the 100 % payment and confirmed order. And also promised to deliver it at free of cost and the placement will be done by their trained people. By believing the words of the opposite party, the complainant an order was placed on 12.07.2017 and paid Rs.32,922/- through their bank account. The order was confirmed on 12.7.17 but after receiving the amount the opposite party failed to supply the items as promised by them. So the mortuary of the complainant’s hospital could not function and the complainant had sustained huge loss and hardship and there is deficiency in service and the opposite party has committed unfair trade practice also. Since the opposite party did not supply the parts even after many months, the complainant was compelled to cancel the order and requested repayment of the amount with interest and costs by issuing a lawyer notice to the opposite party on 19-10-17. The opposite party neither paid the amount nor sent any reply to that notice. The attitude of the opposite party amounts to deficiency of service and unfair trade practice. The complainant is entitled to get back the amount of Rs. 32,922/-(Thirty two thousand nine hundred and twenty two) with 18% interest and Rs.50,000/- as compensation from the opposite party. Hence this petition.
3. The Opposite party duly received the summons and petition copy but he failed to attend before this Forum and hence the Forum declared him as ex parte and ordered as follows.
4. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether the complainant is entitled to get back the amount with
interest and compensation?
2. Relief and cost.
5. On the side of the complainant the Manager of the Hospital was examined as PW-1 and marked Exhibits A-1 to A-5 documents on his side.
6. Point No. 1 :- Since the opposite party remained ex party in the proceedings the documents produced by the complainant and the allegations set forth in the complaint and the testimony of the PW-1 are unchallenging things. The complainant had succeeded to prove his case that he is a consumer and he was placed an order to buy spare parts from the opposite party, the supplier of mortuary spare parts and the opposite party failed to supply it as he promised and hence the complainant had sustained losses and difficulties. On going through the available records and submissions the Forum found that there is deficiency of service and unfair trade practice has happened from the side of the opposite party and some difficulties sustained the complainant and hence the point is found infavour of the complainant.
7. Point No.2:- Since the Point No.1 is found against the opposite party, he is liable to pay a reasonable compensation and costs of the case.
In the result, the complaint is allowed and the opposite parties are directed to pay Rs. 32,922/- (Rupees Thirty two thousand Nine hundred Twenty Two only ) with 6% interest from the date of payment till the date of payment and also pay Rs.10,000/ (Rupees Ten thousand only) as compensation and pay Rs. 2,000/- (Rupees Two thousand only ) as costs of the proceedings. The opposite party is here by directed to comply this order within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the open Forum on this the 20th day of January 2020.
Date of filing:08.02.2019.
PRESIDENT: Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. Babu C.M. Manager.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Performa Invoice. dt:21.06.2017.
A2. Copy of Purchase Order. dt:11.07.2017.
A3. Copy of Receipt. dt:12.07.2017.
A4. Copy of e-mail. dt:22.09.2017.
A5. Copy of Phone Messages.
Exhibits for the Opposite Party:-
Nil.
